Law.com reached to Finnegan attorney Danny Awdeh for their Question of the Week. They asked, "With Opening Ceremonies for the 2018 Winter Olympics just days away, what risks do brand owners face when advertising during the Olympics?" Danny said:
Under the International Olympic Committee’s (IOC) stringent advertising regulations, an errant tweet could mean significant penalties not only for brand owners, but the athletes themselves, including expulsion from the Games. The IOC’s regulations prohibit companies (except official sponsors) from drawing an association between themselves and the Olympic Games. These regulations run the gamut, prohibiting everything from using Olympic trademarks to common terms and even hashtags, including, for example: the Olympic rings, the official host city logo, the Team USA shield, and words/phrases such as Olympic, Let The Games Begin, Pyeongchang 2018, and even Medal, Effort, Gold, Silver, and Bronze when used in the context of the Olympics. Prohibitions also include using simulations of the word Olympics (i.e. Aqualympics), posting images from the Games depicting athletes or Olympic IP, and posting results of Olympic competitions. To be safe, advertisers should steer clear from using Olympic IP and making statements drawing an association between themselves and the Olympics.
Rule 40 of the Olympic Charter establishes a blackout period when companies are prohibited from using Olympic athletes in advertising during the Games. But companies can run afoul of IOC regulations even before the blackout period. For example, the women’s athletic apparel brand, Oiselle, posted a congratulatory photo of their sponsored athlete, Kate Grace, after she qualified for the 2016 Olympics (before the blackout period). Because the photo contained official Olympic logos on her racing bib, Oiselle was ordered to delete the post.
During the blackout period, scrutiny intensifies—IOC guidelines prohibit companies from cheering for, sending good luck to, or congratulating any Olympians from corporate social media accounts. If a post is sent from a personal account, the person may comment on the Games and athletes, but the posting should serve no commercial purpose and not suggest a connection between that person’s company or sponsor and the Olympics. Improper association under Rule 40 could result in an athlete’s expulsion from the games and/or stripping of any medals.
The blackout period for the Pyeongchang Olympics began on February 1, 2018 and spans until February 28, 2018. Companies could have applied for a waiver from the IOC to air ads that would otherwise violate the IOC’s rules, but that deadline passed on August 1, 2017. Even if an IOC waiver was obtained, companies should carefully review their advertising and social media policies for compliance with the IOC’s strict regulations.
