Olympic Trademarks: Prime energy drinks sued for infringement!
By Prof Dr Ian Blackshaw
One of the most recognisable marks in the world are the five interconnected Olympic rings, which are protected as a trademark by the Nairobi Treaty of 1981.
This symbol, and other Olympic marks, such as Olympic phrases and slogans, including the Olympic motto (‘Citius, Altius, Fortius’) are very valuable properties and are stringently protected legally.
It is not surprising, therefore, that the US Olympic and Paralympic Committee has filed a legal action in Colorado against the owners of Prime energy drinks (Prime) for alleged infringement of the Olympic marks. This follows the issue of a ‘cease and desist’ letter sent to Prime, which has been ignored.
The Committee claims that Prime does not have authorisation to use the marks on its special edition of its hydration drink and in its corresponding Internet campaigns and promotions, and, as such, consumers may be misled into thinking that it does so.
The Committee also claims that Prime is acting “deliberately” and in “bad faith’.
One of the ways of settling such disputes is to reach an agreement with the infringer to enter into a licence for the use of the marks in return for the payment of a royalty.
It will be interesting to see what happens in the present case!
Prof Dr Ian Blackshaw may be contacted by e-mail at ‘
