Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 26, Issue 3
Share on Social
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.
Related Content from Fishman Stewart
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
