Who’s the owner of the Olympic Flame?
As the start of the 2024 Paris Olympic Games edges closer, anticipation builds for the Olympic flame to make its way to the Seine river, officially setting off the grand Opening Ceremony. During this festive event, it would be interesting to ponder whether the Olympic flame, an enduring symbol of the Olympic Games, is protected under Intellectual Property (IP) law.
To answer this question, one needs to look no further than the Olympic Charter itself. Rule 7 of the Charter specifically outlines all protected Olympic properties. These include: “the Olympic symbol, flag, motto, anthem, identifications (including but not limited to “Olympic Games” and “Games of the Olympiad”), designations, emblems, flame and torches,” along with various other related artistic works. The International Olympic Committee (IOC) is the sole holder of these rights and properties, providing exclusive authority to grant licenses or establish partnerships for authorized use.
Any use outside of this framework involving a mark, symbol or name that is identical, or confusingly similar, to the IOC’s registered marks is bound to be challenged and may result in legal action.
Such cases have arisen multiple times in the past, including situations relevant to the Olympic flame mark: Canadian Olympic Assn. v. Northwear Fashions Inc. (1993); Canadian Olympic Assn. v. Flame Pizza Ltd., (1997). In all these cases, trademark applications purchased by these companies were denied.
Therefore, while it may be enticing for businesses to capitalize on a world-renowned event such as the Olympic Games, all things Olympic-related, including the Olympic flame, are governed by stringent regulations that frequently lead to repercussions for infringement.
