USOPC Ramping Up Trademark Enforcement as Paris Summer Olympics Approach

With opening ceremonies set to begin, the United States Olympic & Paralympic Committee (the “USOPC”) sent a strong reminder that it strictly enforces its trademarks and protects against ambush-style marketing.  On July 19, the USOPC sued sports beverage company Prime Hydration, LLC (“Prime Hydration”), which was founded in 2022 by YouTubers KSI and Logan Paul, for allegedly infringing USOPC’s trademarks with Olympic-themed advertising. Filed in the District of Colorado,^[1] the complaint alleges that Prime Hydration improperly used phrases such as “Olympic,” “Olympian,” “Team USA,” and “Going for Gold” on advertising and packaging for its beverages featuring Olympic basketball athlete Kevin Duran. An example of the alleged infringement is shown below.

The complaint notes that for the Summer Olympic Games, which begin in Paris on July 26, the USOPC has given Coca-Cola the exclusive right to use “Olympic” and “Team USA” on beverages sold in the United States. USOPC, which funds and trains U.S. teams in Olympic and related games, relies on licensing agreements as a primary source of financing, and the value of the Coca-Cola agreement stems in large part from its exclusivity.

Notably, the lawsuit includes claims under the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. § 220506(a) (the “Ted Stevens Act”). The Ted Stevens Act grants the USOPC the exclusive right to commercially exploit marks and symbols related to the Olympics in the United States, such as the five interlocking rings, the word “Olympic,” and any word, symbol, or other indicator representing an association with the USOPC. The Ted Stevens Act allows the USOPC to enforce these rights in federal court and seek remedies under the Lanham Act. In fact, the Ted Stevens Act is arguably even broader than the Lanham Act because it does not require the USOPC to prove there is a likelihood of consumer confusion.

The USOPC has long aggressively protected against any use of Olympic symbols and provides guidelines about their use to the public here. Clients are advised to send out reminders to their marketing teams, in particular their social media teams, about the USOPC’s strict enforcement of its rights. Our team regularly drafts such advisory notices for clients and counsels clients about navigating advertising during the Olympic Games.