Britain flooded with 'brand police' to protect sponsors
Olympic security is in disarray, but organisers are taking no chances with corporate deals...
Following stints with Reuters and the Press Association, Martin Hickman joined The Independent as a news editor in 2001. He became the Consumer Affairs Correspondent in September 2005 and has run the paper's trenchant campaigns on packaging, bank charges and factory-farmed chicken. He writes on subjects as diverse as food, finance, energy and fashion. With Tom Watson, he is author of a new book on the phone hacking scandal, Dial M for Murdoch - News Corporation and the Corruption of Britain.
Monday 16 July 2012
Hundreds of uniformed Olympics officers will begin touring the country today enforcing sponsors' multimillion-pound marketing deals, in a highly organised mission that contrasts with the scramble to find enough staff to secure Olympic sites.
Almost 300 enforcement officers will be seen across the country checking firms to ensure they are not staging "ambush marketing" or illegally associating themselves with the Games at the expense of official sponsors such as Adidas, McDonald's, Coca-Cola and BP. The clampdown goes on while 3,500 soldiers on leave are brought in to bail out the security firm G4S which admitted it could not supply the numbers of security staff it had promised.
Yesterday, the Culture Secretary, Jeremy Hunt, refused to rule out that even more soldiers may be called upon to help with security, but dismissed the issue as merely a "hitch". However, as well as the regular Army, the Olympic "brand army" will start its work with a vengeance today.
Wearing purple caps and tops, the experts in trading and advertising working for the Olympic Delivery Authority (ODA) are heading the biggest brand protection operation staged in the UK. Under legislation specially introduced for the London Games, they have the right to enter shops and offices and bring court action with fines of up to £20,000.
Olympics organisers have warned businesses that during London 2012 their advertising should not include a list of banned words, including "gold", "silver" and "bronze", "summer", "sponsors" and "London", if they give the impression of a formal connection to the Olympics. See examples of banned and allowed advertising below.
Publicans have been advised that blackboards advertising live TV coverage must not refer to beer brands or brewers without an Olympics deal, while caterers and restaurateurs have been told not to advertise dishes that could be construed as having an association with the event.
At the 40 Olympics venues, 800 retailers have been banned from serving chips to avoid infringing fast-food rights secured by McDonald's.
Marina Palomba, for the McCann Worldgroup agency in London, described the rules as "the most draconian law in advance of an Olympic Games ever". The ODA and Locog (London Organising Committee of the Olympic Games) say the rules are necessary to protect brands.
"These rights are acquired by companies who invest millions of pounds to help support the staging of the Games," Locog said. "People who seek the same benefits for free – by engaging in ambush marketing or producing counterfeit goods – are effectively depriving the Games of revenue."
Some £1.4bn of the Games' £11.4bn budget comes from private sector sponsors. The International Olympic Committee's 11 global partners, including Coca-Cola, Visa and Proctor & Gamble, are contributing £700m while £700m comes from London 2012 partners, including Adidas, BT, EDF, and Lloyds TSB.
The scale of the brand enforcement squad is nonetheless likely to intensify criticism that the Olympics has become too corporate. Paul Jordan, an expert in brand protection at Bristows solicitors who advises firms on the rules, said they were almost certainly tougher than at previous Olympics. "No other brands would have people walking the streets being their eyes and ears, protecting their interests," he said.
A spokesman for the Olympic Delivery Authority, whose team of 286 enforcement officers have been seconded from 30 local councils, said it had a duty to ensure businesses were meeting the rules.
"We are using experienced local authority staff who currently enforce street trading and advertising legislation. They have all been fully trained," the spokesman said.
"Deliberate ambush offences will be dealt with using the full enforcement powers conferred on officers."
OLYMPICS – Brand enforcement
A major operation is under way to protect the marketing rights of 2012 Games.
These are the main operations:
1. Olympic Delivery Authority – advertising regulations and street trading
286 Enforcement Officers
2. Locog (London Organising Committee of the Olympic Games) – Trademarks, Ticket touting
Unspecified number of staff working with police and trading standards officers
3. Trading Standards Officers - counterfeiting/product safety, accommodation scams
400 trading standards officers in London’s 32 local authorities
4. Metropolitan Police – ticket touting, counterfeit tickets, online fraud, accommodation scams. Special team, Operation Podium, among 9,500 Met officers policing the Games.
Businesses have been warned not to infringe the rights of sponsors such as Adidas and Proctor & Gamble, who are pumping £1.4bn into London 2012. These are examples of adverts which would be allowed and banned under Olympics legislation - the 1995 Olympic Symbol EWtc (Protection) Act and the 2006 London Olympic Games and Paralympics Act:
ALLOWED – Stratford Mansions. 1 & 2 bedroom flats, £220,000 to £350,000; 5 minutes’ walk to Stratford International Station; next to Olympic Park; 15 minutes commute to Canary Wharf.
BANNED – Simplefields Homes. An Olympic investment not to be missed! 1 and 2 bedroom flats, luxurious fittings, 5 minutes’ walk to Stratford International Station
ALLOWED: Landle’s speedy trainers: ‘Helping Athletes Run Faster’
BANNED: Smithers Running Shorts: ‘ Made in London 2012’
ALLOWED: Advert for hair gel featuring a famous Olympic athlete showing career highlights with the tag-line: ‘Some people create magic which can make your hair stand on end. We’ve bottled it.’
BANNED: A hair gel ad showing athletic images and a runner receiving a medal outside a London 2012 venue with the words: ‘Is the excitement of the 2012 Games making the hairs on your neck stand on end. Use our gel to make sure your head matches.”
ALLOWED: The Tower of London Gold Jewels Exhibition 2012
BANNED: Smithers Jewellers, supporting the London Games.
ALLOWED: A blackboard sign outside the Red Lion saying: ‘Watch the Olympic Games here with a cold beer… Live coverage all day.’
BANNED: Brewer’s posters displayed outside the Red Lion with the message: Grogglington’s Bitter: Watch the Olympics here’
ALLOWED: A newspaper article about an athlete qualifying to compete in the Olympics headlined: ‘Olympic triumph’.
BANNED: A newspaper advertorial headlined: ‘Olympic inspiration’ with pictures of a brand and references to the Olympics inspiring a product.
C) The Banned Words.
The Olympics legislation bans the use by unauthorised businesses (non-sponsors) of 'controlled representations', depending on the context. This is the list of 'controlled representations':
The Olympic Symbol (the five interlocking rings)
The Olympic Motto (Citius Altius Fortius' / 'Faster Higher Stronger'
The Paralympic Symbol (the three 'agitos')
The Paralympic Motto ('Spirit in Motion')
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