Kate Swaine
Partner
Co-Head of Intellectual Property, Global
Article
6
Whenever there is a national or international cultural or sporting event, brands take centre stage in wanting to reflect the public interest and join the celebrations. However, to do so, brands need to consider how they can celebrate without giving rise to liability or falling foul of advertising regulations.
In this insight, we give a brief overview of the legal landscape and some advice/signposts to assist brands looking to celebrate events, whether it be sporting, historic or cultural, in their own communications.
What brands should be aware of?
Registered trademarks give an exclusive right to prevent third parties using:
The organising committees of major events are likely to register a whole host of trademarks in preparation for their event. Brands will need to run a trademark search in order to ensure that they do not use identical or similar marks to these registered rights in relation to similar goods or services to the category that it is registered.
In addition to the above, the Trade Marks Act 1994 provides that third parties shall not use the following, in connection with any business, without the authority of Her Majesty (on in the case of (2) the member of the Royal Family)[1]:
Further, the Trade Descriptions Act 1968 is clear that it is an offence to, in the course of business, give any false indication that goods/services are supplied or approved by Her Majesty or any member of the Royal Family[2].
Along with any rights to take action as above, there is also the possibility of a member of the public or competitor submitting a complaint for breach of the UK advertising codes - the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Marketing (BCAP Code). For example, the codes include rules prohibiting misleading advertising and rules pertaining to the depiction of the Royal Family and the use of Royal Arms or Emblems in advertising. Care should be taken, for example, to avoid implying an official endorsement from Her Majesty or the Royal Family (if one does not exist) or that a product is official memorabilia if that is not the case.
When the UK hosts major international events such as the Commonwealth Games or the Olympic Games, further legislation is usually introduced as part of the country's hosting commitments. This protects the intellectual property of games organisers and prevents brands from benefitting from an association with the event without being officially authorised to do so.
Brands will therefore need to check for any regulations which restrict the use of certain phrases or images which would suggest an association with the event. There may also be restrictions to trading and advertising in certain locations. Brands may be able to apply to the organising committees to gain permission to trade in these areas and/or associate with the event. If so, it is important to be aware of any deadlines for such applications.
If you have any questions, please get in touch with Kate Swaine or Zoe Pearman.
Footnotes
[1] s99 Trade Marks Act 1994
[2] s12(1) Trade Descriptions Act 1968
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.