Four T&T companies anger IOC legal dept

The local operations of at least four companies have incurred the wrath of the International Olympic Committee’s (IOC) legal department with their social media marketing. Digicel, Mario’s Pizzeria, SportWorld and MasterCard have caught the attention of the IOC’s legal department for their “unauthorized association” with the London 2012 Olympics, including through the use of the image of Olympic gold medallist Keshorn Walcott. “The T&T Olympic Committee president, Larry Romany, and I were hauled before the legal department of the IOC, and ‘dragged over the coals’ regarding the ambush marketing taking place in our jurisdiction,” TTOC Secretary General Brian Lewis said on Tuesday. He said he fears that Trinidad and Tobago is earning a “reputation with the IOC to be a territory that is an ambush-marketing free-for-all” thanks to the offending companies. In its Bye Law to Rules 7-14, the Olympic Charter says: “Each NOC (National Olympic Committee) is responsible to the IOC for the observance, in its country, of Rules 7-14 and BLR 7-14. It shall take steps to prohibit any use of any Olympic properties which would be contrary to such Rules or their Bye-laws. It shall also endeavour to obtain, for the benefit of the IOC, protection of the Olympic properties of the IOC.”

In its Brand Protection Guidelines, the IOC defined ambush marketing: “Also known as parasitic or guerrilla marketing, ambush marketing describes a business’ attempts to attach itself to a major sports event without paying sponsorship fees. As a result, the business gains the benefits of being associated with the goodwill and public excitement around the event for free. This damages the investment of genuine sponsors, and risks the organiser’s ability to fund the event.” In another document, the Rule 40 Guidelines, the IOC expressly prohibits, “References to Participants (including use of their image) on corporate websites (including social networking sites and other social media platforms) which appear on the company’s home page or equivalent (including, for example, a landing page or front page of Facebook); or directly promote or endorse a product (but note the deemed consent for use in catalogues below); or are not simply in the context of factually describing the company’s support of the athlete (or sport) and/or included within an archived news item or blog – the references are used in a more promotional context.” Initially, Lewis would not specify which companies made the “unauthorized association” with the London 2012 Olympics, but when asked specifically about Mario’s Pizzeria, he confirmed that it was “not Mario’s alone” and denounced that the ambush marketing “is still taking place” on Facebook and other social media.

The Business Guardian learnt that letters from the TTOC on behalf of IOC’s legal department have been sent to the offending companies asking them to immediately cease and desist. Screen shots of Digicel’s Facebook pages showed, up to press time on Tuesday (August 21), congratulatory messages to, and banners of Walcott, and other Olympic athletes. Mario’s took down its posts following Business Guardian enquiries. Sportworld’s Facebook page was taken offline on Tuesday but up to Monday screen shots showed the photos of Walcott and other Olympians still up. MasterCard was “dealt with directly by the IOC,” Lewis said. “We (TTOC) have been very clear, very cooperative with requests for permission and or information,” Lewis said. “There are a set of IOC guidelines that we have to abide by. There are some constraints. Where we may agree to allow an association with the TTOC and TT Olympic Games rights, it cannot be activated in a way that is offensive to the Olympic movement.  It is about ensuring everyone is playing by the rules. We are attempting with the guidance of the IOC legal department to bring clarity to the local market place in respect of the legal and contractual relationships surrounding Olympic sponsorship and authorised association. There are legal complexities as it relates to the IOC, TTOC, sponsor and athletes’ rights. Through open and transparent communication we are trying to guard against disputes.”

Lewis said that prior to the London 2012 Olympics letters had been sent from the TTOC to all advertising agencies, media houses and others. In addition, he said the TTOC issued press releases and took part in radio shows to raise awareness. The Olympic rights are infringed when there is “unauthorised association,” Lewis said. He said this occurs when “an unauthorised non-sponsor in the course of trade, creates an association between their business goods and services and London 2012, the IOC or TTOC, and also, when a company uses the association in any promotional or commercial application, causing confusion or misunderstanding, or being misleading as to the relationship with the Games. He said: “Unauthorised use of the Games Marks are strictly prohibited. Expressions and words that may be deemed to create an association for there to be an infringement are: gold, silver, bronze, medals, London, 2012, and London 2012 to name a few. The fundamental legal issue is whether an association has been created with London 2012, the Games, IOC or TTOC.” He said that “Rights of Association” provide official sponsors with the exclusive right to be associated with the Olympics, London 2012, IOC and TTOC.

He said that ambush marketing and unauthorised activities damage the exclusive rights of sponsors, the IOC, and the TTOC. Ambush marketing involves a company trying to associate itself with a major sports event without paying sponsorship fees, when its competitors and other third parties have paid for this benefit. “The challenge with ambush marketers is that they piggyback on the increased awareness and excitement and the feel good factor of an event such as the Olympics without paying for the right to so do,” Lewis said.It is disappointing that such established T&T companies with positive brand images would adopt such a deliberate and intentional campaign, Lewis said. “They would not want anyone to breach their intellectual property. Why do it to others?” he asked rhetorically. “We have worked closely with the IOC legal department in an effort to ensure that the IOC and TTOC intellectual property rights were protected. It is disappointing that Mario Pizza would ambush market,” he said. Mario’s owner Richard Harford has not returned calls or emails from the Business Guardian on the issue.

Digicel Communications Manager Penny Gomez said in an e-mailed response: “Having been alerted that a third party operator had inadvertently associated one of Digicel’s one-off online promotions in April to the Olympics, Digicel immediately acted, instructing the vendor to remove any and all offending elements. Digicel then went a step further and contacted the International Olympic Committee (IOC) to apprise it of the situation and was thanked by the IOC for taking such immediate and decisive action.”  Raising awareness about the issue in 2004, George Bovell was the first Olympic athlete from Trinidad and Tobago to prohibit, through his attorneys, any unauthorized use of his name or image following his first Olympic bronze medal in Athens, Greece. Lewis said: “People will judge you by the company you keep. The Olympic movement can’t have partnerships with those who don’t share our values and ideals. The Olympic movement is not just about selling the rights to use the logo, but rather the right to associate with an ideal, a purpose, a dream.”

By Aleem Khan

Source: www.guardian.co.tt