The Government introduced a Bill on 14 th July 2005 that sets out in some detail the ways and means by which the Government and the Organising Committee can benefit from the Games. In particular the control of certain words that may be thought to be exclusively association with the Games (Schedule 3).
The rights that are proposed to be granted to the London Organising Committee (LOC) go far beyond what could possibly be achieved by way of the same words or combinations of words being registered as trade marks. It is an unfettered right to the exclusive use of terms such as GAMES, 2012, in combination with other words such as GOLD, LONDON, MEDALS and SUMMER. This monopoly right covers all goods or services. Anyone using these combinations will be presumed to have infringed the right; the onus is on the user to prove that the use of these terms is not an infringement.
We support and applaud the achievement of securing London as the venue for the 2012 Olympic Games and it is right that the commercialisation of the Games should be for the benefit of the London Organising Committee. It is to be hoped that monies raised will be ploughed back into the organisation and running of the Olympic Games and ultimately for the benefit of sports in general.
However, traders should be able to make reference in the promotion of their business to a particular event without being exposed to any action for infringement. It is more likely that the effect of this type of control will be to give a limited number of sponsors a complete and unfettered right to use or make reference to elements surrounding the fact that the Games are taking place. A number of companies may therefore be alarmed that such unfettered right is being granted to a body - which incidentally also controls the fees and the granting of the license to use. We have a “judge, jury and executioner”.
