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ARTICLE · 24 JULY 2007

New Legislation Targets Olympic "Ambush Marketing"

The federal Olympic and Paralympic Marks Act is designed to prevent both unauthorized use of the Olympic or Paralympic trade-marks and logos, and the creation of "misleading business associations" by broadening the scope of protection and strengthening available remedies.

CanadaIntellectual Property

On June 22, 2007 the federal Olympic and Paralympic Marks Act received Royal Assent. The new legislation is designed to prevent both unauthorized use of the Olympic or Paralympic trade-marks and logos, and the creation of "misleading business associations" in the Olympic context, by broadening the scope of protection and strengthening available remedies. The Act aims to safeguard the substantial goodwill attached to the Olympic and Paralympic Games, and their associated trademarks and logos (the "Olympic Brand"), and addresses the issue of "ambush marketing."

Ambush marketing is a practice by which non-sponsor firms attempt to profit by associating themselves, or their brands, with the Olympic Brand. This decreases the value of sponsorship agreements to paying sponsors, and thus is harmful to the event organizers as it may reduce the amount of sponsorship funds that can be raised.

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