Jan 20, 2012 0
Forget the energy drinks. The London Olympics could put marketers on a diet of prison porridge.
There’s been a renewed flurry of talk during the past fortnight about the prohibition of advertising within the vicinity of London’s Olympic Park. Well, I guess we can all understand that – sponsors signing cheques for shed-loads of cash won’t take kindly to guerilla and flyposting campaigns. Although – and I don’t want to go far down this road right now – for a global PLC that gets £1m worth of advertising from its guerilla, a fine of £20,000 is cheap as chips. Deterrents won’t work if they make good financial sense!
Ahem, I digress…
My real interest is not the ‘Park ads ban’ but the much wider and largely unpublicised and unacknowledged ban (you try Googling for info and see where it doesn’t get you) on all other forms of marketing. As I understand it, there is heavy duty government legislation out there designed to stop businesses hitching a free ride on the Olympics. Except the law is allegedly written in such a way as to catch marketing firms like a trawler’s nets catch herring. As in lots. Indiscriminately.
If you use some words ‘in pursuit of trade’ then off to prison you go. Or into Court, at least.
If you think this blog is designed to publicise myself then it’s in pursuit of trade so already I’m skating on thin ice…
OK, so what are these words that are so terrible? Is it ‘Acme Corp is proud to support the Olympics…’ or something similarly blatant? Nope. Only a numpty would write that and NOT expect to get a caning. The words that will trick you into trouble apparently include anything the judges think imply an ‘association’ with the Games.
Apparently there are two lists of words. If you use a word from each list then off to Court you go matey.
What are these lists? Well, again, it’s not too easy to find out. Which is a worry. If I contemplate breaking a law I prefer to know what the law is first. Seems sensible. Otherwise it’s like taking down all the speed limits signs and letting us guess. We only find out AFTER we get the fine.
But I believe ‘List 1’ words include Games, Two Thousand and Twelve, 2012, Twenty Twelve…
And ‘List 2’ words include gold, medals, silver, bronze, London, sponsor and – so rumour has it - ‘SUMMER’!
So by my reckoning of the law, I could say ‘Avoid the London jams caused by the games, buy online this Summer..’ and the legal slot machine has just hit three lemons in a line with ‘Games, London and Summer’. If the law is ‘two words’ are illegal then you might as well throw away the key after that one.
If this is really happening then we need to clear the Courts and build more prisons ‘cos it’s going to be a busy Summer in London during 2012. Oops, I’ve done it again!
PS There are other words that are protected under the London Olympics Act 2006:
3 (1) For the purposes of paragraph 2 (and without prejudice to its generality) the use by a person of a combination of expressions of a kind specified in subparagraph (2) shall be treated, in the absence of evidence to the contrary, as being likely to create in the public mind an association with the London Olympics.
(2) The combinations referred to in sub-paragraph (1) are combinations of—
(a) any of the expressions in the first group, with
(b) any of the expressions in the second group or any of the other
expressions in the first group.
(3) The following expressions form the first group for the purposes of subparagraph (2)—
(a) “games”,
(b) “Two Thousand and Twelve”,
(c) “2012”, and
(d) “twenty twelve”.
(4) The following expressions form the second group for the purposes of subparagraph (2)—
(a) gold,
(b) silver,
(c) bronze,
(d) London,
(e) medals,
(f) sponsor, and
(g) summer.
(5) It is immaterial for the purposes of this paragraph whether or not a word is written wholly or partly in capital letters.
(6) The Secretary of State may by order—
(a) add, remove or vary an entry in either group of expressions, or
(b) provide that the use by a person of a specified word, symbol or
image shall be treated as infringing the London Olympics association
right unless the person proves the contrary.












