LA 2028’s Dynamic Emblem: Creativity Meets Intellectual Property

On August 11, 2024, the Olympic flame left the French capital, making its way to vibrant Los Angeles for the 2028 Games. During the closing ceremony, the camera captured a “LA28” logo against the backdrop of a beach concert, featuring an “A” where one half displayed the French flag and the other half the American flag. This emblematic “A” was first introduced in 2020, with the promise of being fully customizable to reflect personal creativity.

Currently, there are 42 unique versions of the “A,” created by athletes, artists, and brands. As the games draw closer, the customization option will be available to the public, potentially resulting in an endless array of designs.

This raises the question of ownership: will these newly created designs be considered property of the Olympic Games or the individual creators?

In 2020, LA2028 Chairman Casey Wasserman made the following statements:

• “All ‘As’ you’ve seen and those that will be created are protected and registered through copyright. We’ve coordinated closely with the IOC’s copyright team. For any ‘A’ we intend to use commercially, we will ensure it is protected from a copyright perspective.”
• “If we commercially use an ‘A,’ it requires thoughtful consideration and protection. However, this does not mean we need to control every ‘A’ shared globally.”

While the Olympic movement is known for its rigorous approach to intellectual property, the customizable nature of the emblem initially suggested a more flexible stance. Nonetheless, more recent statements from the LA28 website cast some doubts. The terms and conditions state that “LA28, the LA28 logo, and other LA28 logos and product and service names are or may be our trademarks (the ‘Company Marks’). Without our prior written permission you agree not to display, copy, exploit or otherwise use in any manner the Company Marks.”

So, while it may be possible for individuals to have creative freedom, it would appear that prior authorisation is required in order to do so. This requirement could be satisfied via an online portal previously mentioned by Wasserman. This portal is expected to give permission to fans not only to design and purchase their own creations, but also to purchase those made by others.

Still, just how robust is the protection for the “LA28” brand? Let’s first examine the extent of copyright protection as highlighted by Wasserman.

Copyright safeguards original works of authorship, including artwork, music, literature, and other creative expressions. The LA28 logo, being an artistic creation, is eligible for copyright protection, which prohibits unauthorized copying, distribution, or display. That being said, a copyright only protects the expression of ideas, not the ideas themselves. Therefore, one might assume that creating your own version of the “A” would qualify as a new artistic expression, potentially falling under “transformative use”. In fact, this is not the case. While you might hold a copyright for your unique “A,” it does not entitle you to use the LA28 logo as a whole. The customized “A” remains part of a larger work protected by copyright, making its use a potential derivative work, which could lead to an infringement claim.

There are, however, ways to navigate these copyright regulations. For instance, if you use the logo with your modified “A” for purposes of parody or commentary, it may qualify as “fair use” (authorized use), exempting you from infringement claims. Alternatively, you could redesign the entire logo to convey a new meaning or message, thus benefiting from transformative use.

In addition to copyrights, various trademarks have been registered in connection with the LA28 emblems. These trademarks prevent unauthorized use that might cause brand confusion or dilution. Using your own version of the “A” could mislead the public into believing your work is associated with or endorsed by the LA28 organizers, leading to potential trademark infringement.

Nevertheless, exceptions to trademark rules exist. For instance, the French and United States flags logo unveiled during the closing ceremony cannot benefit from mark registration, as pursuant to article 6ter of the Paris Convention for the Protection of Industrial Property (1883), contracting states are prohibited from registering or using as trademarks flags and other state emblems of the States party to that convention. Having a stylized representation of the French and US flag is therefore not registrable as a trademark. Still, this doesn’t mean you can make your own “A”  showcasing your home-country flags, as the basic design of the logo is still protected by copyright and trademark. The key to avoiding trademark infringement is ensuring that your use does not mislead consumers or undermine the trademark’s ability to identify the source of goods or services. Non-commercial use (personal use), parody (in limited circumstances within the EU), and artistic expression can be viable options, provided they do not impair the trademark’s distinctive function, or its reputation.

Navigating the complexities of trademark and copyright exceptions often requires a careful consideration of context, intent, and impact. For tailored advice and support, please contact our legal experts at contact@alatis.eu.