Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 26, Issue 3
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When Trademark Protection Becomes an Olympic Event
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law. The IOC currently owns global trademark registrations for the following image which it uses on T-shirts sold during the Olympic Games.
This trademark is derived from the original poster from the 1936 Olympic Games which were held in Berlin, Germany during the height of the Nazi regime. Those games are widely viewed as having been used by Adolf Hitler to promote Nazi ideology on the world stage. As a result, sales of merchandise bearing this mark have drawn criticism, particularly from communities persecuted by the Nazi regime.
The IOC has defended its use of the trademark as part of its “Heritage Collection” which “celebrates 130 years of Olympic art and design.” While acknowledging the sensitive historical context, the IOC emphasizes its goal of remembering the athletes who competed in these games – most notably Jesse Owens, an African American track and field athlete who famously won four gold medals in Berlin.
The IOC also noted a key legal consideration for trademark owners: in many jurisdictions trademark registrations become vulnerable to cancellation if they are not used. Once cancelled due to nonuse, a mark may become available for other parties to use at their own discretion. To maintain control, the IOC must continue using its trademark or risk losing exclusive rights altogether. Another important factor is that the copyright protections in the 1936 works are nearing the end of protection in many jurisdictions, heightening the importance of trademark protection to retain control.
Unfortunately for the IOC, its efforts have not earned it any medals in the court of public opinion. Nonetheless, the IOC’s actions serve as a reminder for all trademark owners: maintaining continuous use of your marks is essential to preserving your intellectual property rights. Trademark owners are encouraged to work with counsel to understand and comply with the requirements for keeping their registrations secure.
Benjamin Becker is an Associate with Fishman Stewart PLLC, specializing in intellectual property law. Benjamin focuses on trademark law, providing comprehensive services including foreign and domestic prosecution, agreements, negotiations, assignments, and enforcement.
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