Authentic article revealed 30 August 2024 on our French sister weblog La Revue.
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On the Paralympic Video games, athletes had been beforehand required to cowl their Olympic rings tattoos or face disqualification. The Worldwide Paralympic Committee has determined to elevate this ban for the Paris 2024 Video games. On this weblog we current our explanations and ideas as mental property specialists.
After the Olympic Video games comes the time of the Paralympic Video games that are legally completely distinct from the Olympic Video games. Whereas the Worldwide Olympic Committee (IOC) governs the Olympic Video games, the Paralympic Video games are ruled by the Worldwide Paralympic Committee (IPC). The IOC was created in 1894 and is headquartered in Lausanne whereas the IPC was created in 1989 and is headquartered in Bonn. The video games every have their very own model, owned by every Committee and a supply of serious income, with many partnerships and by-product merchandise.
The IOC is thus the proprietor of the trademark representing the well-known Olympic rings, these 5 intertwined rings of blue, black, pink, yellow and inexperienced representing the 5 continents, designed by Pierre de Coubertin himself in 1913. As for the IPC, it has been the proprietor for 20 years of the Agitos brand, which is made up of three commas, one blue, one inexperienced and one pink. These three colors had been chosen for related causes as the colors of the Olympic rings as a result of they’re essentially the most frequent colors within the flags of the taking part international locations.
Just like the IOC, the IPC units the foundations that athletes should comply with as a situation of taking part within the Paralympic Video games. These are purely non-public guidelines, however their compliance is ensured because the potential sanctions on athletes for breach of the foundations could be drastic, together with, for instance, disqualification or being stripped of their medals.
In 2012, the IPC determined to ban Paralympic athletes from displaying tattoos that includes the Olympic rings. The explanation given by the IPC spokesperson in 2016, when a champion was disqualified on this foundation, was the “probability of confusion”. This idea is well-known to trademark legislation specialists. A trademark offers its proprietor the appropriate to ban using an equivalent or related signal for equivalent or related items or providers, if it will create a “probability of confusion” within the thoughts of the general public. If there may be such a probability of confusion, there may be infringement. Specifically, the proprietor can prohibit the affixing of its trademark to competing merchandise.
Using this trademark legislation idea within the context of its utility to Paralympic Video games athletes did, nevertheless, elevate sure questions. For instance, since these are tattoos drawn on the athletes’ our bodies: can the tattoo be thought-about for use right here as a “trademark”, i.e. used to determine the origin of a “product”? if that’s the case, what’s the product? Can athletes be thought-about a product? Are Paralympic athletes “competing” with Olympic athletes for the needs of trademark legislation?
In any case, these questions at the moment are moot as a result of, on August 23, the IPC introduced its choice to waive this rule – which is fairly excellent news.
Squire Patton Boggs is supporting Thibaud Lefrançois, a member of the French sitting volleyball staff. Members of the agency had been there to cheer him on throughout the staff’s first match in opposition to favourites Kazakhstan.
Because of the “Pacte de efficiency”, a system created by the Fondation du Sport Français, Squire Patton Boggs helps 4 athletes, three of whom are taking part or have participated within the Paris Olympic and Paralympic Video games.
Along with Thibaud Lefrançois, these embrace featherweight boxer Wassila Lkhadiri, weightlifter Marie-Josèphe Fegue, and Greco-Roman wrestler Ibrahim Ghanem. You’ll be able to learn extra in our press launch right here.
