Let the games begin!
Posted on April 03, 2018
The 2018 Gold Coast Commonwealth Games kick off on 4 April, and companies everywhere are on their marks and getting set to go with related media and radio advertisements, as brands try their best to win the hearts and minds of Australians through their association with our favourite sporting heroes.
The commercial attention and national pride surrounding the Games is a temptation for brands wishing to capitalise on the event. Some companies have the privilege (and pay top dollar) to be an official sponsor; many others try to associate themselves by other means, i.e. ‘Ambush Marketing’.
‘Ambush Marketing’ involves non-sponsor companies using advertisements and content which creates an appearance or suggests an association with the Games. This may be through the inclusion of a national athlete or team, or by making reference to the Games in some other way.
Under the Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth)(Act), the use of Games trademarks and logos, along with other ‘protected indicia’ is heavily restricted. For example, the commercial use of words and phrases such as ‘gold’ and ‘silver’ in conjunction with ‘Commonwealth Games’, ‘2018’ and ‘Gold Coast Games’ are all prohibited.
It is a technical area, and even something as simple as the incorrect use of a word or phrase before, during, or after the Games, can result in a breach of the Act. The restrictions run all the way to 31 December 2018, so even piggy-backing on the success of the Games once the dust settles is out of bounds until the end of this year.
Breaches of the Act can open up a range of serious penalties, including injunctions, orders for damages, and claims for misleading and deceptive conduct under the Australian Consumer Law. So yes, the Games may be a great opportunity to broaden the marketplace but it is important to be aware of the restrictions in place and to ensure compliance, or otherwise risk potential reputational damage and costly legal disputes.
Please contact Lynch Meyer Lawyers if you would like more information or advice on sports or media law issues during and after the 2018 Gold Coast Commonwealth Games.