Olympics - Key dates all advertisers should put in their diariesAdd To My Clippings Alt Text

In case you hadn’t noticed, the Olympic Games are nearly here.  The opening ceremony will soon be upon us, so we’ll finally know whether or not the rumours are true...is it really going to be an Olympic-sized scene from Emmerdale, complete with real rain...?

In the meantime, all brand-owners and agencies would do well to mark the following key dates in their diaries (see below).

It is also important to note that, from now on, in addition to the thousands of security guards, police officers and soldiers on the streets, by 18 July there will be over 280 enforcement officers from the Olympic Delivery Authority pounding the streets around the Olympic venues.  These enforcement officers will be on the lookout for any ‘ambush marketing’ activity i.e. brands creating an unauthorised or misleading association between themselves (or their products/services) and the Games.  Under new (and thankfully temporary) legislation, these ‘enforcement officers’ have even greater powers than the police, and have the power to enter premises without a warrant in some circumstances to put a stop to any unauthorised ambush marketing activity, and could bring court action in some cases. 

Key Dates

18 July

The Olympics ‘blackout period’ begins.

Under Rule 40 of the Olympics Charter, Olympic athletes, coaches, trainers and officials must ensure that they are no longer featured in any advertising from this day until after the blackout period is over (on 15 August), unless they have obtained permission from the IOC, otherwise they could face fines, expulsion from the Games themselves and/or removal of their accreditation.  This prohibition includes the use of their image (or other representation, such as a caricature), name and ‘sports performance’.  Some exceptions will be made for official sponsors who have been granted permission and some very limited ‘deemed consents’.  Those relying on ‘deemed consent’ must ensure it still applies during the blackout period, because many types of deemed consent will not.

Whilst the responsibility for complying with this rule ultimately lies with the individual athletes, in practice brand owners and agencies who featured athletes in their advertising campaigns in the run up to the games will have to abide by their contractual (and moral) obligations to stop featuring the athletes in their ads from 18 July onwards.  Those who fail to pull the relevant ads (including billboard ads, press ads, on-pack promotions, in-store promotions and websites) risk undoing all of the goodwill gained from using those athletes in the first place, and will no doubt be caught up in a PR maelstrom.  If you want to test the theory that there’s no such thing as bad publicity – now would seem to be the time!

Note that this ‘blackout period’ relates to Olympic athletes, coaches, trainers and officials, so Paralympic athletes can still be featured in advertising in principle, provided there is no unauthorised or misleading association with the Games or use of any Olympics related trademarks, protected words or symbols, copyright materials, etc.

26 July

Olympics opening ceremony.

27 July to 12 August

The Olympic Games 2012 take place.  Note that even after the Games end, it is still not permissible to use Olympic athletes in advertising for three full days after the closing ceremony.

16 August

The Olympics ‘blackout period’ for Olympic athletes, coaches, trainers and officials is lifted.

From this date on it will be safe to use them again in advertising, provided there is no unauthorised or misleading association with the Games or use of any Olympics related trademarks, protected words or symbols, copyright materials, etc.

21 August

The Paralympics ‘blackout period’ for the Paralympic athletes, coaches, trainers and officials begins.

Note that this ‘blackout period’ relates to Paralympic athletes, coaches, trainers and officials, and not to Olympic athletes.

29 August

The Paralympics opening ceremony.

30 August to 9 September

The Paralympic Games 2012 take place.

13 September

The Paralympics ‘blackout period’ for the athletes, coaches, trainers and officials ends.

From this date on it will be safe to use them again in advertising, provided there is no unauthorised or misleading association with the Games or use of any Olympics related trademarks, protected words or symbols, copyright materials, etc.

For more information please contact Geraint Lloyd-Taylor or your usual Lewis Silkin contact.

Read more Journal from Geraint Lloyd-Taylor|Get in touch with Geraint Lloyd-Taylor

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