The International Olympic Committee`s (IOC) long-standing justification for Rule 40 was that it prevented over-knowledge of the Olympic Games while protecting official Olympic sponsors, who obtained exclusive exhibition rights in exchange for their sponsorship during the Games. Under the previous iteration of Rule 40, „no participant, coach or official participating in the Olympic Games may authorize the use of his or her person, name, image or athletic performance during the Olympic Games for advertising purposes,“ unless a waiver has been authorized. The deal would be the first for LA28`s $2.5 billion sponsorship target. The so-called comprehensive agreement, which appears to have an option to extend it until 2032, would be the first long-term sponsorship by US Olympic and Paralympic Properties (USOPP), the joint venture to sell the LA28 organizing committee and the USOC. Brands will try to advertise and get their message across wherever people are watching, and people will see the Olympics in large numbers. Just as paid official sponsorships of games are quite expensive, other brands that do not pay official sponsorship fees, have often tried to participate in sneaky marketing around the games. In response to ambush marketing and high sponsorship fees, the International Olympic Committee has implemented The Olympic Charter 40, which states that only authorized sponsors can refer to Olympic intellectual property. Rule 40 creates a blackout period that begins nine days before the games open and continues three days after the closing ceremony (Rule 40 period). Nike will have access to U.S. Olympic brands and graphics for use in advertising and marketing, as well as for display on its expanded brand line like Converse. In addition, it will work with the Committee in the context of a multi-million euro licensing agreement for the manufacture of products ranging from footwear to clothing. Despite the relaxation of Rule 40, restrictions remain: U.S.
team athletes will be limited to seven messages of thanks during the Olympic Games (the content of which will be verified) and personal sponsorship messages that congratulate athletes that cannot use an Olympic IP or involve an association, affiliation, link or sponsorship with Team USA or the Olympic Games. Nevertheless, the door is open to more promotion opportunities for U.S. team athletes and their personal sponsors. Copyright © 2019 Finnegan, Henderson, Farabow, Garrett and Dunner, LLP. DISCLAIMER: Although we want to hear from you, the information exchanged on this blog cannot and does not create any lawyer-client relationship. Don`t hesitate to publish information that you consider personal or confidential. If you want Finnegan, Henderson, Farabow, Garrett and Dunner, LLP to represent you, to establish a lawyer-client relationship, you must first enter into a written replacement agreement with Finnegan. Contact us for more information. One of our lawyers will be happy to talk to you about the possibility of being represented. Additional information on non-responsibility. The rule applied during a period of advertising blackout was intended to prevent so-called „Ambush“ marketing from diminishing the value of official Olympic sponsorship and discouraging parasitism about the well-known nature of the Games.