Business Community
A business owner might understandably look for clarity on how to
refer to the 2010 Winter Games and engage in the excitement and
opportunities they create without fear of breaching the law or
prompting enforcement action by VANOC.
One way to engage in the excitement and opportunities created by
the 2010 Winter Games and be authorized to promote a business
association with the 2010 Winter Games is to become a VANOC
marketing partner. To learn more about
becoming a marketing partner for the 2010 Winter Games, business
owners are encouraged to visit our website at
vancouver2010.com .To learn more about
business opportunities that do not involve becoming a VANOC
marketing partner but are part of the general increase in business
activity associated with the 2010 Winter Games, business owners are
encouraged to visit the Province of British Columbia’s
2010 Commerce Centre
website.
How can a business reference the 2010 Winter
Games?
All references to the 2010 Winter Games must be:
-
factually correct
-
relevant to the non-2010 Winter Games purpose of the publication, creative, advertising, etc. (not overtly promotional)
-
commercially neutral
and must not:
-
be given undue prominence or special featuring
-
involve the use of Olympic or Paralympic visuals such as logos, archival Games imagery or team uniforms
-
create an unauthorized association between the business that is referencing the Games and the Olympic and Paralympic Movements.
VANOC has developed examples to provide direction on how these
provisions can be applied.
These Guidelines are not legal advice and any information
contained herein does not in any way limit VANOC’s
legal rights and remedies. If you think you may have infringed
VANOC’s rights, or you are proposing to do something
which you think may infringe VANOC’s rights, we
recommend that you seek independent legal advice. Please also see
the
2010
Olympic/Paralympic Brand Management disclaimer for more
information.
Infringement Assessment: Despite the commercial
nature of the website, because the reference to the Vancouver
Olympic Village serves as a factual reference for directional
purposes and does not give any undue prominence to the Brand or
otherwise creates an unauthorized association with the Olympic or
Paralympic Movements,
this would be considered as unlikely to
infringe.
Infringement Assessment: Despite the factually
accurate statement, the singular 2010 Winter Games focus of the
advertisement and prominent use of the Brand is to promote the
proximity of the hotels to the Olympic venues, creates an
unauthorized commercial association between the hotel chain and the
Olympic or Paralympic Movements.
This would be considered as likely to
infringe.
Infringement Assessment: Despite the use of the
Brand, because the use is accurate, relevant and not overly
promotional it does not create an unauthorized association with the
Olympic or Paralympic Movements.
This would be considered as unlikely to
infringe.
Infringement Assessment: Because the promotion
prominently features the Brand and is sponsored by a commercial
organization that is not a marketing partner, this promotion
creates an unauthorized third-party commercial association which
would be considered as likely to infringe. Read
more about VANOC’s
official
merchandise program. Such signage may also be contrary to
applicable bylaws.
Infringement Assessment: The placement of an
advertisement in proximity to published material that contains an
Olympic or Paralympic Mark is not in itself a misleading business
association.
This
would be considered as unlikely to infringe.
Infringement Assessment: The use of Brand elements
(Let the Games Begin) and winter sport imagery within the
advertisement combine to create an unauthorized commercial
association.
This would be considered as likely to
infringe.
How does a business promote a non-2010
Winter Games sport sponsorship?
VANOC recognizes the important investment many companies make in
Canadian athlete endorsement and National Sport Organization (NSO)
sponsorships. While these partnerships allow the rights for
association with a Canadian athlete or an NSO, they do not extend
the right to associate with the 2010 Winter Games or the Olympic
and Paralympic Movements.
Businesses that have Canadian athlete endorsement or NSO sponsorship rights can make factually accurate reference to an athlete’s Olympic or Paralympic achievements and/or the relevant sport’s role in the Olympic or Paralympic Movements. However, such references should not be the primary focus of messaging that could contribute to the creation of an unauthorized association.
Businesses that have Canadian athlete endorsement or NSO sponsorship rights can make factually accurate reference to an athlete’s Olympic or Paralympic achievements and/or the relevant sport’s role in the Olympic or Paralympic Movements. However, such references should not be the primary focus of messaging that could contribute to the creation of an unauthorized association.
Infringement Assessment: Despite the promotional
use of the phrase “Olympic Gold Medallist”
in an advertisement by a non-2010 Winter Games marketing partner,
this would be consider as unlikely to infringe
because the athlete’s Olympic achievement is listed in
the context of other accomplishments and the theme of the
advertisement is non-Olympic in nature The athlete’s
Olympic team uniform is not being worn and an Olympic medal is not
being displayed solely on its own, for example.
Infringement Assessment: In this case, the
advertisement’s theme is Olympic focused (through the
use of Olympic Marks within the headline, use of an Olympic Games
image and the citation of the athlete’s Olympic Games
achievements without reference to other achievements). As a result,
this would be considered as likely to
infringe.
What are the rules for web linking?
As a general rule, a third party may link to the home page of
the Official Vancouver 2010 Website, vancouver2010.com (and any
other domain names used by VANOC),
provided that:
-
the link is in plain text-only format and does not use the emblems of either the Vancouver 2010 Olympic or Paralympic Winter Games, or any other Vancouver 2010, Olympic or Paralympic Games logo or any other mark, unless otherwise agreed to in writing by VANOC
-
the link is displayed in a proportionate manner, spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link
Read more about VANOC's
web linking policy
.
Infringement Assessment: Despite the commercial
nature of the website, because the factually accurate use of the
Brand does not have special featuring or appear in close proximity
to third party branding,
this would be considered as unlikely to
infringe.
Infringement Assessment: In this case, there are
two major issues: unauthorized use of the Official Vancouver 2010
Olympic and Paralympic Winter Games Emblems, and the proximity of
these Statutory Marks to a third party logo, creating an
unauthorized commercial association with the 2010 Winter Games.
This would be considered as likely to
infringe.
How can the organizers of a business conference include
references to the 2010 Winter Games?
Conferences that want to include references to the 2010 Winter
Games can do so by providing factually accurate,
editorially-relevant information to conference attendees, referring
attendees to official sources and by ensuring there is no potential
for unauthorized association by providing a commercially-neutral
environment. Usage of Olympic and Paralympic visuals is not
permitted.
The 2010 Speakers Bureau is an excellent source for 2010 Winter
Games-related speakers at such conferences; they can bring the
excitement of the 2010 Winter Games and information regarding 2010
Winter Games-related opportunities to a conference without
offending the Special Legislation. The 2010 Speakers Bureau is a
partnership that includes VANOC, the Province of British Columbia
(through its 2010 Olympic and Paralympic Winter Games Secretariat)
and the 2010 Legacies Now Society. Visit
http://www.2010speakersbureau.com/
to learn more about requesting a speaker for your event.
Infringement Assessment: Despite the fact that the
2010 Winter Games focused topic is being offered at the conference
because the topic is listed among other industry presentations with
no undue prominence or special featuring,
this would be considered as unlikely to
infringe.
Infringement Assessment: Because the event is
solely focused on 2010, the Brand is used within the title of the
event, the event is sponsored by a commercial organization that is
not a marketing partner and Olympic and Paralympic visuals are
used, it creates both undue prominence and unauthorized third party
commercial association. Consequently,
this would be considered as likely to
infringe.
Infringement Assessment: Despite the use of an
Brand elements (such as 2010) and the fact that it is a corporate
initiative run by a non-2010 Winter Games marketing partner,
because the theme is not Olympic/Paralympic in nature,
this would be considered as unlikely to
infringe.
Infringement Assessment: Because the Brand is used
within in the title of the program suggests an Olympic theme and an
unauthorized third-party commercial association with the Olympic
and Paralympic Movements,
this would be considered as likely to
infringe.
Can tickets be used as prizes or contest
promotions?
Tickets for events of the 2010 Winter Games will be subject to
terms and conditions that expressly prohibit use of 2010 Winter
Games-related tickets for commercial, advertising or promotional
purposes, including use as prizes in competitions. If tickets to
the 2010 Winter Games are obtained in violation of the applicable
terms and conditions, the ticket holder may be refused entry to the
2010 Winter Games venue or asked to leave the venue.
Read more about VANOC's
ticketing
program.
Can Canadian businesses use the word
"Olympic" in their business name?
VANOC is sensitive to the fact that some businesses in Canada
have used the word "Olympic" (or similar terms) in their names and
marks and have done so for a long time.
In dealing with businesses that are currently using the word
"Olympic" (or similar terms) in their names and marks, VANOC will
generally not require that businesses cease or modify use of the
word "Olympic" (or similar protected terms) in their names or marks
if they began using those marks prior to March 2, 2007
. This commitment is subject to some reasonable
conditions which are required if we are to meet our commitments to
the IOC and IPC to protect the Olympic/Paralympic Brand in
Canada:
-
apart from the use of the word “Olympic” (or similarly protected term) in its name or marks, the business is not otherwise creating an association with the Olympic/Paralympic Brand
-
the use of the protected term by the business is in association with the same wares as used by the business before March 2, 2007
-
the business is not directly competing with one of the VANOC or IOC Olympic Games sponsors
-
the business is not using the Olympic Rings, the Olympic Torch or other symbols or expressions commonly associated with the Olympic Movement
These guidelines are not hard-and-fast rules, and will not be
applied arbitrarily. VANOC will assess each business individually
and will carefully consider all of the circumstances.
Infringement Assessment: Despite the use of the
Brand in the business name, because use of the name began prior to
March 2, 2007 and there is no other use of the Olympic/Paralympic
Brand,
this would be considered as unlikely to infringe
.
Infringement Assessment: Because the company
registered the business name after March 2, 2007 and uses the
Olympic Torch, the use in question creates an unauthorized
third-party commercial association.
This would be considered as likely to
infringe.
Print This Page
