Ahead of the start of the Olympics today, the robust rights held by the International Olympic Committee and in the U.S., the U.S. Olympic & Paralympic Committee (“USOPC”) are garnering attention, in part because of the well-known willingness of these entities to take legal action when their trademarks are used without authorization. “The Olympics benefits from extra special trademark protection here in the United States. Unlike in other countries, the federal government does not fund Team USA, so our athletes mostly rely on sponsorship dollars to compete,” Dorsey & Whitney’s Fara Sunderji wrote recently, noting that “when advertisers use the Olympics brand without authorization, the USOPC views this as a loss of sponsorship dollars” – and very well may take legal action.
The basis for such actions is, of course, trademark infringement – but that is not the only cause of action that the USOPC relies upon. In fact, the organizing body routinely alleges violations of the Ted Stevens Olympic and Amateur Sports Act. The almost 50-year-old federal statute enables the USOPC to take civil action against entities for the remedies provided in the Lanham Act if they use “for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition, any trademark, trade name, sign, symbol, or insignia that falsely represents an association with, or authorization by, the USOPC or the IOC” without authorization.