The very risky use of the "Olympic" marks...
In 2024, Paris will host the Summer Olympic Games. It has been a century since the French capital hosted this celebration.
The designation of Paris has led to a wave of trademark registrations "PARIS 2024" or including the terms "JEUX OLYMPIQUES". All these trademarks have been cancelled or withdrawn. Indeed, Olympic terms and symbols are subject to a strict legislative framework, which will soon be reinforced.
The " OLYMPICS " trademarks protected by law
Article L. 141-5 of the Sport Code lays down the following principle: " The French National Olympic and Sports Committee is the owner of the national Olympic emblems. It is also custodian [...] of the vintage year of the "city + year" editions of the Olympic Games, [...] of the terms "Olympic Games", "Olympism" and "Olympiad" and of the abbreviation "Olympic".. »
The text even states that "... the fact of filing as a trademark, reproducing, imitating, affixing, deleting or modifying [Olympic] elements and terms shall be punishable by the penalties laid down in Articles L. 716-9 to L. 716-13 of the Intellectual Property Code ». The penalty can be very severe, since these are the texts governing infringement actions.
Indeed, since 1992 and the Olympic Winter Games in Albertville, the CNOSF has had the right to take action in France against any unauthorised use of the terms and symbols specific to the Olympic Games. Almost all the legislation of the member countries of the Olympic movement has a similar provision. This follows from the fact that the International Olympic Committee (IOC) asks each National Committee to to keep a watch and to protect the "OLYMPICS" trademarks.
This protection is essential, particularly from a commercial point of view. As Denis Masseglia, the current president of the CNOSF, explains: "The CNOSF is the only organization in the world that has the power to protect its members. you can't ask sponsors to put a lot of money into a brand association if it's not ultra-protected. Any interference must be avoided.
OLYMPIC" symbols protected by case law
When the CNOSF identifies an unauthorized use of Olympic names, emblems and symbols and no amicable solution has been found, the case may end up in court.
The Court of Cassation thus ruled in January 2017 that the use by a pub of the Olympic symbol was at fault. The pub had had 200,000 coasters made with the 5 interlaced rings. For the judges, the objective was commercial: it was a question of attracting customers.
In another case (TGI Paris, 1996), a company that produced bottles of wine was convicted. The disputed bottles included a photo of Pierre de Coubertin, a ribbon in the colours of the Olympic rings, a representation of the Olympic Flame and the words "centenary of Olympism". In the judges' view, the company had attempted to usurp the notoriety attached to the Olympic Games.
Be careful, even if the word "OLYMPIC" is not used as such, there is a risk. For example, a company has been convicted of using the term "OLYMPRIX" for discount campaigns. The Court of Appeal held that this name had contributed to a degradation of the image of the "OLYMPIQUE" brands.
A general ban on the term "OLYMPICS"?
Fortunately, it is still possible to use Olympic terms in common language for normal use. In fact, according to the law, it is forbidden to use the words "...". for promotional or commercial purposes, [risking] confusion in the public mind with the Olympic movement. »
Likewise, supporters of OL (Olympique Lyonnais) or OM (Olympique de Marseille) can always sing their anthems. However, the clubs in question are bound to the CNOSF by a contract, which governs their use of the word OLYMPIQUE.
Finally, the media benefit from the right to information. They can use Olympic terms and symbols to report on the events of the Olympic Games.
Apart from these few exceptions, the prohibition on the use of the "OLYMPIC" marks is general. Therefore, be careful if you plan to register a trademark including a protected term, symbol or emblem: the CNOSF is watching!