Sydney 2000 was the
test case for the tough new controls on rogue advertisers and all agree
that the games down under struck a fair balance between commercialism
and maintaining the integrity of the Olympics. But British advertisers
fear that the organisers of the London 2012 games have now strayed into
Orwellian territory.
So keen is the
Blair government to comply with the IOC's requirements that it has
banned several seemingly innocuous words to stop ambush marketers
associating themselves with the London games. According to the London
Olympics bill now before parliament, advertisers will not be able to
use the words "summer", "London", "gold", "silver" or "bronze" in
conjunction with "games" or "2012".
Slogans such as
"Come to London in 2012", "Play our new poker games this summer" or
"Watch the games at our pub this summer" would be off-limits.
Businesses that
fall foul of the laws face fines of up to ?20,000. British advertisers
are seething over what they consider an over-zealous interpretation of
the IOC's rules.
Marina Palomba, the
legal director of the Institute of Practitioners in Advertising (IPA),
said: "This sort of legislation is insulting. It is specific and
unprecedented protection for a small group of internationally based,
predominantly non-UK companies to the detriment of all other
businesses." Such severe controls are also likely to inflate the value
of official Olympic sponsorships - already the province of a few
wealthy corporations.
Eleven
multinational companies - including McDonald's, Coca-Cola, Samsung,
Visa, Kodak and Omega - have paid the IOC a total of $866m (?480m) for
the right to be the official worldwide partners of the Olympics from
2005 to 2008. This is nearly a third more than the previous group of
sponsors paid to be associated with the summer games in Athens in 2004
and the winter games in Nagano in 2002.
Official sponsors
have the rights to use the Olympic trademarks and symbols, and are
guaranteed these rights will be denied to their competitors.
The Department for
Culture, Media and Sport argues that the proposed new advertising
regulations are necessary for London to host the games. "The
legislation prevents companies from cashing in on the event without
having paid to become an official partner," a spokesman says.
The DCMS claims the
restrictions simply mirror those that applied in Sydney. However, the
Sydney 2000 Games (Indicia and Images) Protection Act only banned
unauthorised use of "gold", "silver" or "bronze" with the words
"Olympian" or "Olympic".
The IPA is lobbying
MPs to dump the "arbitrary" list of banned words. "This goes much, much
too far. To not be able to say 'go bronze in 2012' without infringing
the act is ludicrous," Ms Palomba says.
But sports
marketing companies argue the restrictions are justified. The IOC
relies on sponsorship dollars to help fund the Olympics. If sponsors'
investments are devalued by ambush marketing tactics, this could
threaten the financial viability of the games.
"The only thing the
IOC and the London Organising Committee for the Olympic Games [LOCOG]
have to sell is their intellectual property and if they don't protect
it, they don't have anything to sell," Bob Heussner, who runs Octagon
Games Marketing, says. "These sponsors pay millions for the rights to
some symbols and some words."
But the IPA
contends that the existing Olympic Symbol Protection Act, which bans
unauthorised use of "Olympics" and "Paralympics" and variations of
these terms, protects sponsors sufficiently.
"There is adequate
protection for official sponsors without limiting genuine freedom of
commercial expression," Ms Palomba says. "This new bill protects
multinational companies who are more than capable of looking after
their brand."
The IPA also wants
the automatic presumption of guilt contained in the draft bill
reversed. As it stands, the onus is on businesses to prove they did not
infringe official sponsors' rights, rather than require LOCOG to prove
they did.
But sports
marketers are suspicious of companies that complain about the Olympics
bill. "I don't think they're truly interested in supporting the UK
Olympics," Mr Heussner says. "Their motives are greedy ... they're
about exploiting the games, not supporting them."
Ambush marketing
reached its nadir in Atlanta, when Nike, which was not a sponsor,
plastered every available billboard in town with its ads. Not only did
Nike win more brand recognition than the official sponsor - and rival -
Reebok but it ran aggressive slogans such as "You don't win silver, you
lose gold", which were the antithesis of the IOC's emphasis on
participation.
"Atlanta was a
wake-up call for the Olympic movement - the IOC was horrified," Mr
Heussner says. Interestingly, Nike became an official sponsor of the
Sydney 2000 games.
Intellectual
property lawyers agree that the proposed restrictions on advertising
during London 2012 are warranted. Joel Smith, an IP partner at Herbert
Smith law firm, describes the controls as "draconian", but concedes
they are necessary to protect official sponsors' investment.
Sarah Wright, IP
solicitor at Olswang, argues that LOCOG has to cast its net wide now if
it is to guard against ingenious new ambush tactics that advertisers
may have devised by 2012.
"The UK is the
global leader in advertising," Ms Wright says. "Whatever you put in the
regulations, UK agencies will no doubt come up with creative and
innovative ways for their clients to refer to the London 2012 Olympics.
The proposed regulations ensure that their clients won't be able to
imply a close connection."
The DCMS stresses that LOCOG will enforce the restrictions "in a proportionate and sensible way".
Despite the hue and
cry, few expect many prosecutions in 2012. Instead, the new law is
likely to act merely as a powerful deterrent to ambush marketers.
But the IPA's
furious lobbying appears to be paying off. Ms Palomba received a call
from the DCMS this week asking her to come in to discuss amendments to
the London Olympics bill. "I hope they've realised they made a
mistake," she says.
Rings on the menu
Regardless of
whether parliament passes the London Olympics bill as it stands,
Phongsri Chanudom could already be flouting trademark law.
She runs Olympic
Cafe in south London, which has adorned its menus with the Olympic
rings. This contravenes the existing Olympic Symbol etc (Protection)
Act, which restricts the use of the word Olympic and the ring symbol.
But Ms Chanudom is
no opportunist who has rushed to cash in on London winning the 2012
bid. Her business was already called Olympic Cafe when she took it over
from the previous owners, who were Greek, in the mid-1990s. She did,
though, add the Olympic rings to menus.
Of Thai origin, Ms
Chanudom is unruffled by the government's crackdown on businesses
seeking to associate themselves with the 2012 games. Representatives of
the London Organising Committee for the Olympic Games have yet to visit.
"We shouldn't be affected. I'm sure the government wants us to be working and not on the dole," she said.
Ms Chanudom
believes any restrictions on the use of Olympics-related terms and
symbols should only apply to businesses which sprang up after London
won the bid.
"They should ban businesses which started this year from whenever they won the bid," she said.