While compiling the The Brewery Manual 2012, researchers discovered that some UK brewers plan to launch special beers to coincide with the London Games, which kick off this July.
But Tom Lingard, partner and intellectual property specialist at Stevens & Bolton LLP, told The Brewery Manual that UK companies risk falling foul of the strict intellectual property laws governing the use of Olympics-themed trademarks and phrases. Brewers operating outside of the UK could also get caught up if their countries have similar laws.
“The Olympic marketing restrictions are very broad and draconian,” said Lingard. “In particular, the use of terms such as Olympic, Paralympic, London 2012 and the Olympic logo, or anything similar, are tightly controlled.”
He added: “Brand protection guidelines are available on the London 2012 website, but generally speaking, unless you are an official sponsor of the 2012 games, any branding which suggests an association with the Olympics is prohibited.
“If a brewer is in any doubt then they should definitely seek appropriate legal advice before committing funds to a product launch.”
The London Organising Committee of the Olympic and Paralympic Games (LOCOG) – has produced a 20-page booklet, available here, which outlines its brand protection rules. In its introduction, LOCOG says it is aware that businesses are keen to use the event to boost their business activities but adds that only official sponsors (Heineken is one) have that right.
LOCOG adds: “To protect our sponsors’ investment in the Games, and to give them the exclusive association with London 2012 for which they pay, we must prevent other businesses exploiting London 2012 in this way without our authorisation.”
In addition to already-existing IP laws, the UK government passed a special law in 2006 which strengthened LOCOG’s position. The Olympic Symbol (Protection) Act 1995 protects Olympic and Paralympic words, mottos and symbols and also covers those that are similar; for instance the word Olympix is protected.
LOCOG advises companies operating outside of the UK to check the legal position in their country.
* In an industry seminar organised to discuss logistics during the Olympics, British Beer & Pub Association chief executive Brigid Simmonds said she was “sure we will have some Olympic and Paralympic beers”. Speaking at the event, held at London’s Brewers’ Hall on 23 January, Simmonds said the 2012 Games will be a “real opportunity to showcase the UK and British beer and pubs to the world”. She urged the pub and brewing industry to work together to ensure beer is kept flowing during the Olympics, despite road closures. London Mayor Boris Johnson, who attended the seminar, said the Games offer brewers and pubs a “great opportunity”.
Rebecca Evans
23rd January 2012
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