Olympic emblem
The Olympic emblem (Olympic rings and similar symbols) is protected in Germany under the Olympic Protection Act. This protection is unlimited in duration. It applies comprehensively to any advertising or commercial use. The protection also extends to photos in which the Olympic emblem or similar symbols are visible.
Olympic designations
The Olympic designations (“Olympiad” / “Olympia” / “Olympic” and similar terms) are also protected in Germany under the Olympic Protection Act. This includes use as headlines for sweepstakes or special promotions, such as “Olympia Special Offer” or “Olympia Weeks.” Although there are court rulings that allow terms like “Olympia Discount,” these should not be considered generally applicable.
Competition photos
The rights to distribute photos taken at the competition venues are held by the IOC (exception: private photos). When using such photos, it must be ensured that the provider of the photos has been granted the corresponding rights by the IOC.
Competition photos that contain logos or names of the Olympic Games may also not be used for commercial/advertising purposes without the consent of the rights holders. Retouching the symbols/designations is possible if the acquired photo usage rights also allow for copyright changes to the photos.
The consent of the persons depicted is required (“personal rights”). This consent is deemed to have been given if the athlete has signed our standard equipment contract.
These restrictions also apply without time limitation.
Congratulatory messages
The Olympic Protection Act permits the use of Olympic designations as an indication of personal characteristics, provided this is not unfair.
We currently assume that in Germany, the statement:
“uvex congratulates the Olympic champion ………”,
is permissible. Residual risks remain, as the interpretation of this exception has not been conclusively clarified. In other countries, permissibility must be examined separately.
International laws and trademarks
Further restrictions often arise from the national legal systems of the countries hosting the Olympic Games. The IOC expects maximum protection from the countries concerned in order to maximize sponsorship revenue.
Furthermore, in the run-up to the Olympic Games, trademark applications are often filed by the IOC or the national associations of the host country to protect additional logos and names associated with the Olympic Games.
Color patterns and band and start number designs are not considered Olympic emblems and are not usually protected by special laws. In exceptional cases, however, trademark protection may exist for these, but this is only relevant if the patterns or designs are used for products or catalogs. If such patterns or designs are visible in images/photos, any trademark protection does not apply.
Risk assessment
From a risk perspective, a distinction must be made between the following scenarios:
1) Advertising on local advertising banners (e.g., on uvex building facades)
2) Advertising in print catalogs
3) Advertising on the Internet
Point 1) The risk of detection with regard to possible violations is low. The damage (destruction of posters, damages, warning costs) is manageable.
No. 2) The risk of discovery is “medium.” The damage in the event of a detected legal violation would be very high (damages, destruction, and recall of catalogs).
No. 3) The risk of discovery is very high. The damage (damages, warning costs) is manageable.
Further information can be found in the DOSB guidelines for dealing with advertising and PR.