The North Face accused of infringing Olympic trademarks
The Canadian Olympic Committee (COC) has threatened to take legal action against sportswear maker The North Face for featuring some of its trademarks in a line of clothing ahead of the Sochi 2014 Olympics in Russia, according to reports.
The North Face’s International Collection, which it says “celebrates the excitement of the upcoming competition in Sochi”, launched in November 2013. It includes a t-shirt with the opening ceremony date “07.02.2014”, and other items of clothing with patches reading “RU 14”.
The North Face will supply the US Freeskiing team its uniform for the games, though is not an official sponsor, supporter or licensee of the Canadian Olympic Team.
In a cease and desist letter sent to The North Face, the COC said that the company is infringing its Olympic trademarks by trying to associate with the Winter Games, and accused it of ambush marketing.
The International Collection launched under the name “Village Wear”, and was promoted by North Face and its retailers using Olympic-themed advertising and promotions.
The same report said that the COC had previously issued North Face a warning which prompted the company to remove some Olympic trademarks, including the Olympic rings, from its promotional material.
“Canadian consumers that purchase The North Face products believing they are purchasing official licensed Olympic gear are being misled,” said the COC in a statement.
Christopher Overholt, chief executive of the Canadian Olympic Committee, said: “The Canadian Olympic Committee will vigorously defend its brand, including all its sponsors and licensees, against ambush marketing attempts to mislead Canadians.”
He added: “We expect The North Face to take immediate action to remedy the situation.”
Ashlee Froese, partner at Gilbert’s LLP in Toronto, said that the COC is already at an advantage because it owns official marks related to the Olympic and Paralympic games. Official marks have a wider scope of protection, afford their holders exclusivity across Canada for any industry and are far more challenging to invalidate.
She explained that the COC is funded almost entirely on sponsorship funds: “Large corporations that spend millions of dollars to make sure they have exclusivity of association with the Olympic Committee.
“In this instance, Hudson Bay paid a significant amount of money to be the only company that is associated with the Canadian team’s uniform … The COC have a duty to their sponsors to ensure they are getting the full benefit of that association.”
Describing the affiliation between sponsor and committee as “highly-coveted”, she said that companies that have not paid sponsorship funds but that want to associate with the games have to become “very creative”.
“They can’t tread on the toes of the sponsor or of the COC,” she said.
“You start to see a lot more ‘Canadian pride’-style advertising. The companies will allude to these sports events, but have to tread a fine line to not encroach on a trademark infringement area.”
The North Face did not respond to WIPR’s request for comment.
The Sochi 2014 Olympics will start on February 7.
