London 2012 and the Impact of the UK's Olympic and Paralympic Legislation: Protecting Commerce or Preserving Culture?

Modern Law Review

Volumn 74, Issue 3, 2011, Pages 410-429

  James, Mark ^a   Osborn, Guy ^a  

^a UNIVERSITY OF WESTMINSTER   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 79959714957     PISSN: 00267961     EISSN: 14682230     Source Type: Journal    
DOI: 10.1111/j.1468-2230.2011.00853.x     Document Type: Article

References (82)

1. A. Miah and B. Garcia,'The lympic Games: Imagining a New Media Legacy' (2010) 15 British Academy Review 37. See also S. Essex and B. Chalkley, 'Olympic Games: Total aggregate audiences are said to reach up to 4.7 billion viewers and the ames are the world's largest peacetime event, catalyst of urban change' () 17 Leisure Studies 187, 1871998
2. K. Toohey and A. Veal, The Olympic Games: A Social Science Perspective (Oxford: CABI, 2007) especially chapter 11. See also the examples given in R. Stokvis, 'Globalisation, Commercialisation and Individualisation: Conflicts and changes in elite athletics' (2000) 3 Culture Sport Society 22, 24-26. On the Olympics specifically,As regards the Olympics, see for example see A. Tomlinson, 'The commercialisation of the Olympics: Cities, corporations and the Olympic commodity' (2005) in K. Young and K. Walmsley (eds), Global Olympics: Historical and Sociological Studies of the Modern Games, (Oxford: Elsevier, 2005) 179-200
3. C. Gratton and P. Taylor, Economics of Sport and Recreation (E & FN Spon: London, 2000) and also T. Slack, 'Studying the Commercialisation of sport: the need for critical analysis' (1998) Sociology of Sport Online at (last visited 11 February 2011
4. further, IOC, The Olympic Charter (Lausanne, Switzerland: IOC, 2010) 11 at (last visited 4 May 2010
5. Toohey and Veal, n 2 above 278-279
6. First Fundamental Principle of Olympism in The Olympic Charter n 4 above
7. First Fundamental Principle of Olympism in The Olympic Charter ibid. See also Department for Culture, Media and Sport FOI Response - CMS case number 106119 at (last visited 4 May 2010
8. P. Morris S. Morrow and P. Spink,'EC Law and Professional Football:On football and the arguments from both sides as regards player movement, see Bosman and its implications' (1996) 59 Modern Law Review 893 and more generally S. Greenfield and G. Osborn, Regulating Football: Commodification, Consumption and the Law (Pluto: London, 2001
9. Ambush marketing is the unauthorised association with an event by an advertiser with a view to exploiting its goodwill for commercial purposes. See further the discussion below
10. Other key venues are also being utilised such as Lords' Cricket Ground for the archery, Greenwich Park for equestrian events, and football at historic and iconic venues such as Wembley and Hampden Park
11. I. Macrury and G. Poynter, 'The Regeneration Games: Commodities, Gifts and the Economics of London 2012'This has crucially focussed on a cost-benefit analysis, see for example (2008) 25 The International Journal of the History of Sport 2072 especially the commentary on the hazards of regeneration at 2077-2080. See also more generally at a local level the excellent Games Monitor site at (last visited 11 May 2010
12. A. Smith and T. Fox, 'From "Event-led" to "Event-themed" Regeneration: The Commonwealth Games Legacy Programme' (2007) 44 Urban Studies 1125. On regeneration strategies see See also Essex and Chalkley, n 1 above2002
13. H. Lenskyj,There have been a number of critiques of Olympic (and indeed other mega-event) regeneration strategies, see for example The Best Olympics Ever? Social Impacts of Sydney 2000 (Albany: State University of New York Press, 2002) and C. Rutheiser, Imagineering Atlanta (London & New York: Verso, 1996
14. Essex and Chalkley, n 1 above, 197. See also H. Preuss, The Economics of Staging the Olympics (Cheltenham: Edward Elgar, 2004) and G. Wright, 'The political economy of the Montreal Olympic Games' (1978) 2 Journal of Sport and Social Issues 13 and B. Kidd, 'The Culture Wars of the Montreal Olympics' () 27 International Review for the Sociology of Sport 1511992
15. Essex and Chalkley, n 1 above, 189-191
16. Miah and Garcia, n 1 above, 37
17. Fundamental Principles of Olympism in The Olympic Charter, n 4 above
18. M. James, Sports Law (Basingstoke: Palgrave Macmillan, 2010) chapter 14 and A. Maestre,The Olympic Charter, n 4 above Rule 1. See further, Law and the Olympics (Cambridge: Cambridge University Press, 2010
19. The Olympic Charter, n 4 above Introduction
20. A. Maestre, 'The legal basis of the Olympic Charter' [] 6 WSLR 62007
21. The Olympic Charter, n 4 above Rules 2 and 15-25
22. ibid Rules 26-27 and 28-32
23. ibid Rules 7-14 and further below54-55
24. ibid Rules 33-59
25. At present, there are three members of this group comprising the organising committees of the summer Games to be held in London in 2012 and Rio in 2016 and the winter Games in Sochi in 2014
26. IOC, Olympic Marketing Factfile (Lausanne, Switzerland: IOC 2008) at (last visited 5 May 2010
27. The Olympic Charter, n 4 above Rule 34
28. M. James and G. Osborn, 'Consuming the Olympics: the fan, the rights holder and the law' (2010) Sport and Society: The Summer Olympics through the lens of social science British Library: London, available at (last visited 29 April 2010), M. James and G. Osborn, 'Tickets, Policy and Social Inclusion: Can the European White Paper on Sport Deliver?' () 9 International Sports Law Journal 12009
29. M. James, Sports Law (Basingstoke: Palgrave Macmillan, ) 300-3012010
30. V. Dodd, 'Special powers for 2012 Olympics alarm critics'The Guardian 22 July 2009
31. See for example Arsenal Football Club Plc v Reed (No 2) [2003] EWHC Civ 96. Apart from a general disquiet about a perceived lack of respect for the club's heritage, one of the key issues for some fan groups was the fact that the cannon was to be reversed and whereas before had pointed inwards towards the heart, now was to point away, or outwards. At Manchester United a similar furore took place when the words 'football club' were removed from the club badge
32. The Olympic Museum, The Olympic Symbols (Lausanne, Switzerland: IOC, 2nd ed, 2007) at (last visited 5 May 2010). See also K. Lennartz, 'The Story of the Rings' (2001/2002) 10 Journal of Olympic History 292001
33. J. Parry, 'Olympism for the 21st century' in D. Macura and M. Hosta (eds), Philosophy of Sport (Ljubljana:See generally here University of Ljubljana, ) 93-982003
34. A. Tomlinson, n 2 above
35. The Olympic Charter, n 4 above Rule 13
36. ibid Rule 7(2). Further definitions of each of these properties can be found in Rules 8-13
37. T. Meenaghan, Olympic Market Research: Analysis Report (Lausanne, Switzerland: IOC, 1997
38. H. Padley, 'London 2012: Five Years, 9 months and counting' (2006) 28 European Intellectual Property Review 586 referring to A. Wall, 'The Game behind the Games' (2001) 91 Trademark Reports 1243
39. C. Michalos, 'Five golden rings: development of the protection of the Olympic insignia' () International Sports Law Review642006
40. P. Coubertin, Textes Choisis Vol II (Lausanne, Switzerland: CIO, 1971, See further here originally published 1931)
41. R. Barney, S. Wenn, S. Martyn, Selling the Five Rings: The International Olympic Committee and the Rise of Olympic Commercialism (Salt Lake City: University of Utah Press, ), see also C. Michalos, n 42 above for commentary2002
42. T. Miller, 'London - meeting the challenge of brand protection' (2008) International Sports Law Review2012
43. 44, 45: 'Like other sports and businesses, LOCOG has registered or is in the process of registering trade marks in the United Kingdom for all of the emblems it has created, including the new Inspire mark. It is also able to rely on longstanding UK laws such as those protecting copyright and registered and unregistered design rights, and giving rights to address passing off.' A. Kelham, 'Tackling Ambush Marketing of the Olympic and Paralympic Games - London 2012: A Case Study' in A. Lewis and J. Taylor (eds), Sport: Law and Practice (Haywards Heath: Tottel Publishing Ltd,ch 2008)2
44. A similar right as regards the Paralympics, the Paralympics Association Right, was added by the LOGPA 2006 Sch 3, para 6, and is now contained in OSPA A, s 51995
45. OSPAs18()21995,
46. OSPAs4()11995,
47. OSPAs4()31995,
48. OSPAs()(13)4111995,
49. OSPA s 61995,
50. OSPA ss 11, 12A and respectively71995,
51. LOPGA para 1,sch 42006,
52. Notes 51 and 52 above
53. LOPGA s 21 2006,
54. P. Johnson, 'Look out! Its an ambush!' (2008) International Sports Law Review 24, 24
55. D. Shani and D. Sandler, 'Ambush Marketing: Is confusion to blame for the flickering of the flame?'This point is made in (1998) 15 Psychology and Marketing 367, 371. Ambush marketing is also said by Shani and Sandler to have commenced at the LA Games in 1984. See here generally J. Hoek and P. Glendall, 'Ambush Marketing: More than just a commercial irritant' (2000) 1 Entertainment Law 72, N. Burton, 'Ambush Marketing in Sport: An Assessment of Implications and Management Strategies' (2008) Centre for the International Business of Sport Working Paper Series No 3 at (last visited 23 February 2011) and C. Lawrence, J. Taylor and O. Weingarten, 'Proprietary Rights in Sports Events' in A. Lewis and J. Taylor (eds), Sport: Law and Practice (Haywards Heath: Tottel Publishing Ltd, 2008)
56. P. Kissoudi, 'Closing the Circle: Sponsorship and the Greek Olympic Games from Ancient Times to the Present Day' () 22 International Journal of the History of Sport 618, 6182005
57. See (last visited 8 February 2011
58. See for example (last visited 8 February 2011)
59. Available at: (last visited 23 February 2011)
60. In a broader sense, there are myriad examples of ambush marketing practice more generally, see the instances provided by Hoek and Glendall, n 58 above, and J. Schmitz, 'Ambush Marketing: The Off-field competition at the Olympic Games' () 3Northwestern Journal of Technology and Intellectual Property 2032005
61. See The Olympic Charter n 4 above
62. On this basis the 02 Arena, formerly known as the Millenium Dome and already heavily branded as part of the 02 mobile network, will be known as the North Greenwich Arena 1 during the Games period. See (last visited 11 May 2010
63. After London 2012, the next Summer Games are due to take place in Rio de Janeiro in 2016, see (last visited 11 May 2010). The next Winter Games are due to take place in Sochi in 2014
64. This would extend to events at other venues throughout the UK, such as the archery at Lords and yachting at Weymouth
65. See Games Monitor n 11 above, and also n 32 and the impact upon peaceful protest
66. L. Smith-Spark, 'Dutch fans given shorts for match' BBC News Channel 21 June 2006 at (last visited 11 May 2010
67. LOPGA sections () and 23222006,10
68. LOPGA s 222006,
69. An unlimited fine following conviction on indictment or a fine of up to £20,000 following a summary conviction, LOPGA s 212006,
70. See Dodd, n 32 above
71. The 2012 Candidature Procedure and Questionnaire (IOC, May 2004) at (last visited 25 January 2011) details the minimum requirements required for host cities. Under Theme 3 (Legal aspects) Candidate cities are required to obtain guarantees including 'documentation indicating that appropriate measures have been taken to protect the word mark "[city] 2012" within the host territory' (Q3.4) and a 'Declaration from the government of your country stipulating that all necessary legal measures will be taken to facilitate the protection of Olympic marks' (Q3.5), see IOC, 77_2602004
72. M. James and G. Osborn, n 30 above, and Freedom of Information Act Request, CMS 106119 n 7 above
73. M. Samatas, 'Security and Surveillance in the Athens 2004 Olympics' () 17 International Criminal Justice Review 220. Samatas looks particularly at the 'superpanopticon' technology utilised in the post 9/11 environment of the Athens Games2007
74. We do not deal with the issue of horizontal creep in any depth here, nor do we tackle a further offshoot, of vertical creep, where subsequent events in one country or area have mirrored the legislative practice of the former. This can already be seen in the Glasgow Commonwealth Games 2014 legislation. See further here Johnson, n 57 above, 27. This is an area we intend to tackle in subsequent work
75. J. Parry, n 35 above, 94
76. COM () 39 Final2007
77. J. Anderson, 'The Societal Role of Sport' () International Sports Law Journal 852008
78. Case C-415/93 Union Royal Belge des Societe de Football Association ASBL v Jean-Marc Bosman [1995] ECR I-4921
79. Case C-49/07 Motosykletistiki Omospondia Ellados NPID (MOTOE) v Eilliniko Dimosio [2008] ECR I-4863
80. Macrury and Poynter, n 11 above, 2073
81. A. Tomlinson, n 2 above, 195-196
82. J. Milton-Smith, 'Ethics, the Olympics and the Search for Global Values' () 35 Journal of Business Ethics1312002