Every time the Olympics come around, they become the focus of the whole world. Literally billions of people watch broadcasts of the games, and people everywhere are excited to show support for their country’s athletes.
All of this attention means that businesses everywhere want to be a part of it. However, the Olympic Committee is very protective of their brand, and quite particular about who is allowed to use their logo, trademark, or likeness in their marketing campaigns. Or, really, anything that might make it look like the Olympics are officially endorsing or partnering with that business.
Because of this, it is not entirely uncommon for companies to find themselves in a legal fight with the Olympic Committee for advertisements and products that seem tied to the games. This is exactly what happened this past summer with energy drink company Prime Hydration.
What Did Prime Do?
Prime is an energy drink company founded by Youtube and internet personalities Logan Paul and KSI. In an effort to hop on the Olympics’ bandwagon, the company created an Olympic-themed drink in collaboration with Kevin Durant, famed NBA player and three-time Olympic gold medalist.
After sending a cease and desist letter that seems to have been ignored by Prime, the United States Olympic and Paralympic committee filed an official lawsuit against the energy drink company a week before the Olympics began in Paris. In their suit, the Olympic Committee claimed trademark infringement, citing how the company used “Olympic,” “Team USA,” and other trademarks in its advertising and on the actual packaging. They also detailed the importance of maintaining control over their trademarks, explaining that a large majority of the Olympic games’ funding relies on the income that exclusivity creates.
According to the Olympic Committee, the Coca-Cola Co. is the only beverage company who has the ability to use the Olympic trademark on its products. Since Prime developed and marketed their drink without permission, the Committee is arguing that they are violating trademark law.
What Is Next for the Olympic Committee and Prime?
Following the lawsuit’s filing, Prime removed online ads featuring the new drink. However, there does not appear to be any official response from the company. Potential arguments that they might try to use to fight back include fair use for some of the language, and parody or social commentary for other alleged violations.
But while it is true that mentions of the Olympics are protected under the right to free speech, these arguments could be challenged by the simple fact that most consumers tend to associate the terms Prime used with the actual Olympic organization. In other words, if Prime decides to fight back, they likely have a tough road in front of them.
What is the lesson here? Which terms can and cannot be used without the permission of the Olympic Committee is not always immediately obvious. While the next Olympic games are a ways off, if your business is thinking about creating some kind of advertising or product tie-in without the official endorsement of the Committee, the smartest thing you can do is consult with an experienced IP attorney who can help you walk that tightrope.