brand protection guide - 2018 commonwealth games web viewbrand protection guide ... registered...

Brand Protection Guide

Contents

Brand Protection Guide...............................................................................................1

Contents..................................................................................................................2

Welcome..................................................................................................................4

Why the need to protect the brand?.........................................................................5

Restricted Elements.................................................................................................6


Commonwealth Games References.....................................................................7

Combinations of Listed Expressions that are Commonwealth Games References..............................................................................................................................7


Commonwealth Games Images...........................................................................8

What is considered an association?........................................................................9

What is “Ambush Marketing”?................................................................................10

Who is permitted use?...........................................................................................11

Official event partners and sponsors..................................................................11

Editorial Use.......................................................................................................11

Factual statements.............................................................................................11

Tourism sector....................................................................................................11

Non-profit community programs.........................................................................11

Getting Involved.....................................................................................................12

Join the Games online:.......................................................................................12

Events and Campaigns......................................................................................12

Merchandise.......................................................................................................12

Volunteer............................................................................................................12

Tickets................................................................................................................12

Athletes...............................................................................................................12

Usage Guidelines...................................................................................................14

Usage: Marketing...................................................................................................16

Advertising..........................................................................................................16

Public Relations..................................................................................................16

Promotions.........................................................................................................16

2 | Gold Coast 2018 Commonwealth Games™

On-site Promotion...............................................................................................16

Usage: Online and Social Media............................................................................17

Permitted............................................................................................................17

Not Permitted......................................................................................................17

Usage: Suppliers....................................................................................................19

Requirements.....................................................................................................19

Usage: Events and Merchandise...........................................................................21

Conferences/Speaking Engagements................................................................21

Merchandise.......................................................................................................21

Usage: Employment...............................................................................................23

Permitted............................................................................................................23

Not Permitted......................................................................................................23

Usage: Tourism Sector..........................................................................................24

Permitted............................................................................................................24

Not Permitted......................................................................................................24

Usage: Media.........................................................................................................25

If you have read through this document and you require further clarification, please contact the Gold Coast 2018 Commonwealth Games Corporation Brand Protection Officer.

Brand Protection Guide | 3

WelcomeOn 11 November 2011, the Gold Coast was awarded with the prestigious honour of hosting the 21st Commonwealth Games. It is an event that promises to provide lasting benefits to the people of the Gold Coast, Queensland and Australia.

The bid process saw an overwhelming community response and it is our hope that we can continue that wonderful support through to the Gold Coast 2018 Commonwealth Games™. We want the wider community to play their part in delivering the Games. We recognise that many people will want to get behind the Games. However, there are strict rules regarding the use of words, phrases and images associated with the Commonwealth Games. Your cooperation is greatly appreciated and we hope that this guide assists you in understanding how best to support your Commonwealth Games.

In order for our commitments to be met, it is necessary for us, as the organisers to protect the brand in order to maximise commercial revenue from sponsorship, licensing, merchandise and broadcasting.

Sponsorship revenue can only be maximised if we can assure prospective sponsors that they will have exclusive access to use our brand and that we have in place adequate measures to protect sponsors’ rights. To provide potential sponsors and merchandise licensees with an incentive to invest we cannot allow widespread use of the Games brand (as defined in this guide) for free, or allow anyone to freely create an association.

The brand identity is the backbone of the commercial program that GOLDOC will run to raise the sponsorship revenue required to deliver the Games. The exclusivity of usage of the Games branding is the most valuable asset that GOLDOC has to offer potential sponsors.

GOLDOC has put in place a comprehensive protection strategy for the Games brand to ensure that it is protected by a variety of means across the Australia, certain countries in the Commonwealth and elsewhere globally. Protection includes registered trademarks, registered designs and/or word marks. In addition, all have copyright protection and are protected by common law and legislation.

Thank you for your support in protecting the use of the Games brand to assist in ensuring that the Gold Coast 2018 Commonwealth Games™ will be an outstanding commercial success.


Why the need to protect the brand?The Gold Coast 2018 Commonwealth Games™ brand is one of our most tangible and valuable commercial assets.

The financing of the Gold Coast 2018 Commonwealth Games™ is drawn from public funding and through sponsors that are offered an exclusive association with the Commonwealth Games.

Sponsors will contribute to the Commonwealth Games in the form of financial investments, products, services and support. In return for sponsor’s contributions, they are granted entitlements, most notably the exclusive rights to brand an association with the event.

In order to maintain the value of the brand, strict measures need to be enforced to ensure exclusive rights to sponsors so they may protect their investments. Without such exclusivity and regulations, sponsorship investments would be devalued and would place a financial burden on the Commonwealth Games by restricting revenue streams.

This would be of detriment to the entire community as associated Commonwealth Games activities, community legacies and programs would be undermined.

The purpose of legal protection therefore is to ensure there is no unauthorised association between people, goods or services and Gold Coast 2018 Commonwealth Games™ to maintain the future viability of the event.

If the Gold Coast 2018 Commonwealth Games Corporation (GOLDOC) brand protection policies are breached, we may seek a number of options for remedy including legal action. There are other protections in place for genuine news reporting, critique or review, research, education and the like.

We encourage you to respect the intellectual property rights of the Gold Coast 2018 Commonwealth Games™.

In short, the protection of the brand is essential to maintaining the viability of ours and future Commonwealth Games as a major international sporting event.


Restricted Elements


Restricted ElementsThe intellectual property of the Gold Coast 2018 Commonwealth Games™ is protected by the common law, intellectual property laws, consumer protection law and the Commonwealth Games Arrangements (Brand Protection) Amendment Act 2013 (View the Queensland Legislation Website/PDF) and the Commonwealth Games Arrangements Regulation 2013 (View the Queensland Legislation Website/PDF). These laws apply to the Commonwealth Games References and Images which protect the following:

Commonwealth Games References

1. Australian Commonwealth Games2. Coast 2018 Games3. Coast Games4. Comm Games5. Commonwealth Games6. GC187. GC20188. Gold Coast 2018 Commonwealth Games9. Gold Coast 2018 Cultural Program10.Gold Coast 2018 Games11.Gold Coast Commonwealth Games12.Gold Coast Games13.GOLDOC14.Queens Baton Relay15.Celebrating 201816.Delivering 201817.Embracing 201818.Legacy 201819.Gold Coast 2018 Arts and Community Festival Program

Combinations of Listed Expressions that are Commonwealth Games ReferencesColumn 1 Column 2201821st

Commonwealth GamesGames

Commonwealth GamesCommonwealth Games athlete

GoldSilverBronze

Australian Commonwealth Games Team

Gold CoastGold Coast 2018GC2018

GamesCommonwealth Games

PartnerSponsor


http://www.legislation.qld.gov.au/LEGISLTN/SLS/2013/13SL044.pdf

http://www.legislation.qld.gov.au/LEGISLTN/SLS/2013/13SL044.pdf

http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2013/13AC012.pdf

Column 1 Column 2Australian Commonwealth Games Team

ProviderSupplier

Restricted Elements

Commonwealth Games Images

‘Images’ (Emblems, designs and other artwork)


What is considered an association?You must not engage in conduct which would suggest that you or your products or services have an association (such as a sponsorship, approval or affiliation) with the Gold Coast 2018 Commonwealth Games™ that you do not have.

You cannot brand an event, activity or program using a combination of ‘Commonwealth Games’ and ‘2018’ or produce merchandise or promotional items that bear the Commonwealth Games’ words, emblems, imagery, indicia or other Commonwealth Games’ references without permission.

In addition, you must not use Commonwealth Games words or images (or anything substantially identical or deceptively similar) if the use:

Is for commercial purposes;

Is for promotional, advertising or marketing purposes, whether or not for commercial gain; or

Would suggest a sponsorship-like arrangement to a reasonable person.

The use of ‘Listed Expressions’ is likely to result in creating an association with Gold Coast 2018 Commonwealth Games™ and may infringe upon the rights of GOLDOC.

The Listed Expressions are combinations of expressions that are restricted (see page 7).

The following have created an association and would infringe the rights of Gold Coast 2018 Commonwealth Games™.

‘Kicking goals for the 2018 Games’

‘Backing the Gold Coast Games’

An association can be established through words, imagery or emblems that would reasonably infer a relationship between a product/service/individual and the Commonwealth Games.


What is “Ambush Marketing”?Large public events draw international attention and offer an opportunity to ambush marketers to capitalise on advertising and promotional activities without paying the sponsorship fee to the detriment of the official sponsors and brand of the event.

It is known as “ambush marketing” when a person or business tries to advertise their products or services either directly or indirectly with a large sporting event and they are not an official sponsor, partner or supplier.

To ambush market is to mislead the public into thinking that you are an authorised sponsor, partner or official supplier connected to the event. For example, by non-sponsors placing advertisements around the venues of a large sporting event to have their brand be seen by spectators or picked up by television coverage or otherwise to suggest a link between their brand and the Commonwealth Games.

Special regulations will control advertising and trading in open spaces around our venues during the Commonwealth Games. These will make it unlawful to trade or advertise in defined zones unless authorised.


Who is permitted use?These guidelines relate to what use is permitted as exceptions or limitations to what you must not do to infringe intellectual property rights.

Official event partners and sponsors

The official commercial partners, sponsors, broadcasters, suppliers and licensees of the Commonwealth Games will be allowed to use Commonwealth Games’ IP in accordance with the terms of their agreements.

Editorial Use

Editorial use is generally permitted (e.g. newsworthy events in relation to the newspaper / magazine articles / broadcast media / or online in an editorial context except in social media websites and third party applications). However, any publication or website with a primary

focus on the Gold Coast 2018 Commonwealth Games™ will need approval. The use of emblems is not permitted without prior written consent from GOLDOC.

Factual statements

You can provide relevant and descriptive information. A situation may arise where factual use of the listed expressions is permitted e.g. ‘A Commonwealth Games gold medallist from Melbourne 2006 will be hosting the dinner for company XYZ’ as long as no association is created with Gold Coast 2018 Commonwealth Games™.Please make it clear that such information including any opinions expressed or advice provided is authored or comes from you and is not official Gold Coast 2018 Commonwealth Games™ content.

Tourism sector

The tourism sector is permitted certain privileges under strict guidelines (page 23).

Suppliers: Suppliers are permitted certain privileges under strict guidelines (page 18).

Non-profit community programs

Leading into the Commonwealth Games a specific community use emblem will be created for non-profit community groups running programs inspired by the Gold Coast 2018 Commonwealth Games. Use will be subject to an application process.

If you are concerned or unsure that your use is not permitted or that you may have infringed or you are proposing to do something which you think may infringe GOLDOC’s rights, we recommend that you seek independent legal advice.


Getting InvolvedThere will be many ways you can help contribute to the success of the Gold Coast 2018 Commonwealth Games™.

Leading up to 2018, many opportunities will arise to get involved in the Games. The following are just a few ideas.

Join the Games online:Gold Coast 2018 WebsiteFacebook – Gold Coast 2018 Commonwealth GamesTwitter – Gold Coast 2018Gold Coast 2018 Website - GOLDOCFacebook – Gold Coast 2018 Commonwealth Games CorporationTwitter – Gold Coast 2018 Corp

Other social mediaSubscribe to eNews via the website

Events and CampaignsGet involved in official events and programs leading up to 2018.

MerchandiseShow your support with official Gold Coast 2018 Commonwealth Games™ merchandise.

VolunteerBecome a volunteer leading up to 2018.

TicketsBuy tickets to the Gold Coast 2018 Commonwealth Games™ leading up to 2018.

AthletesSupport your favourite athletes.

There will be many ways you can help contribute to the success of the Gold Coast 2018 Commonwealth Games™.


https://twitter.com/goldoc

https://www.facebook.com/goldoc

http://goldoc.com/

https://twitter.com/gc2018

https://www.facebook.com/gc2018

http://gc2018.com/

Usage Guidelines


Usage: MarketingThe use of the Gold Coast 2018 Commonwealth Games™ brand, its representative symbols, imagery and terms are forbidden for all but GOLDOC and its authorised partners, sponsors and broadcasters.

AdvertisingAny unauthorised advertising material or special promotions that are Commonwealth Games themed or may create an association with the Gold Coast 2018 Commonwealth Games™ are not allowed. This includes any materials and representations that pertain to goods and services being provided to the event.

Public RelationsThe creation of non-editorial media releases or statements that refer to the Commonwealth Games are not allowed, including an announcement of involvement with the Commonwealth Games through the supply of goods or services.

PromotionsThe mention of the Commonwealth Games for promotional purposes is not allowed. Commonwealth Games ticket give-aways and ‘Games Packages’ or other promotions are strictly for approved sponsors.

On-site PromotionWork undertaken at construction sites will allow suppliers to display their regular level of signage. If signage is considered exaggerated or considered by GOLDOC to be an unauthorised promotional activity, you may be asked to remove it.


Usage: Online and Social MediaGOLDOC own all the intellectual property rights in the words, marks, text, images, photographs, videos, audio, graphics of the Commonwealth Games to the full extent possible under the intellectual property laws of Australia which may include legislative protection and other countries.

You may not use any of the Commonwealth Games names, emblems, pictures or trademarks in your business or on your website. The commercial use of the Commonwealth Games’ marks or emblems or other intellectual property is only permitted with the written authorisation of GOLDOC.

It is also unlawful to engage in misleading or deceptive conduct under the Australian Consumer Law or passing off at common law so that the public is or is likely to be lead to confusion.

Any unauthorised use for commercial purposes of the Commonwealth Games’ intellectual property is a violation of GOLDOC’s intellectual property rights.

PermittedPages on your website that contain information specialised to your activities (e.g. the extended opening hours of your business during the Gold Coast 2018 Commonwealth Games™).

Linking to the official website gc2018.com is permitted if the link is displayed as follows:

“Visit the official website of the Gold Coast 2018 Commonwealth Games™ at: gc2018.com”

* Do not use Gold Coast 2018 Commonwealth Games™ emblems or other images when linking.

Not PermittedRefrain from using on your website any terms or images confusingly similar to the intellectual property of the Commonwealth Games, including keywords for metatags and triggering searches.

Domain names that create or imply an association through the use of restricted elements (page 7) are likely to infringe the rights of Gold Coast 2018 Commonwealth Games™ e.g. www.gold-coast-commonwealth-games2018.com.

Remember that the use of Commonwealth Games terms, emblems, imagery and brand elements are strictly forbidden on websites and social media platforms as an unauthorised association may be created.


GOLDOC and its associates own the rights in the intellectual property of the Commonwealth Games. Therefore, any website that creates or implies an association with the Commonwealth Games is likely to infringe the rights of Gold Coast 2018 Commonwealth Games™.

Infringement includes the use of copyright content on any social media website without granting of the relevant licence


Usage: SuppliersThe Gold Coast 2018 Commonwealth Games Corporation (GOLDOC), the Australian Commonwealth Games Association (ACGA) and the Commonwealth Games Federation (CGF) have legal rights in the name ‘Gold Coast 2018 Commonwealth Games’ and parts thereof. Using the whole term or any component of the term with reference to the Commonwealth Games is subject to approval by one of the abovementioned entities, via GOLDOC.

RequirementsThe following requirements are designed for all suppliers, providers and contractors to GOLDOC when undertaking communications that involve reference to the Commonwealth Games, such as publicity activities, external reporting and tendering.

References to GOLDOC or the Commonwealth Games in all public, media, market, stakeholder and similar statements, publications, speeches, web pages, social media posts and responses, tender/RFP documentation, annual reports, etc. must be approved by GOLDOC prior to their external use.

The Commonwealth Games must not be referenced unless there is a direct and legitimate connection (as approved by GOLDOC) between the subject matter in the reference and the actual event.

“Gold Coast 2018 Commonwealth Games Corporation” or “Gold Coast 2018 Commonwealth Games™” or variations and abbreviations thereof must not be used as a headline or be the main focus of any material.

Copy must be factual in nature and accurate:

Acceptable: We designed and built XYZ in the XYZ Stadium which will be used for the Gold Coast 2018 Commonwealth Games™.

Unacceptable: XYZ Corporation - helping build the Games.

When referring to the Games Corporation, contractors should use its official trading name “Gold Coast 2018 Commonwealth Games Corporation” and not “GC2018”, “GOLDOC”, “Commonwealth Games”, “Gold Coast Games” or alike. Any reference must include the whole term “Commonwealth Games” not “Games” on its own. The phrase “Organising Committee” or “OC” must never be used. Trademark expression must appear following use of any of the above terminology, for example, “Gold Coast 2018 Commonwealth Games™”

The materials must not be advertising or promotional in nature or appear alongside any advertising or promotional material. The use of any Commonwealth Games intellectual property including trademarks and emblems or official graphics (or photographs of any of these) is not permitted.

Sub-contractors to GOLDOC contractors (i.e. those without a direct agreement with GOLDOC) are not permitted to reference the Commonwealth Games in any material,


without the written approval of GOLDOC. This includes statements to the stock market.


Usage: Events and MerchandiseConferences/Speaking EngagementsConferences and other engagements must not focus on the Commonwealth Games without the prior written consent of GOLDOC. GOLDOC must specifically authorise in writing the use of any Commonwealth Games intellectual property or association created with the event.

Any Commonwealth Games themed presentations are prohibited from receiving any form of sponsorship.

Exhibitors and trade booths may not reference the Commonwealth Games or distribute Commonwealth Games themed materials without the written consent of GOLDOC as this may create an unauthorised association.

MerchandiseThe revenue derived from the sale of official Commonwealth Games merchandise will go directly towards funding the cost of the Gold Coast 2018 Commonwealth Games™.

Creating and selling counterfeit materials is illegal. GOLDOC will be working directly with the relevant authorities to ensure no organisations or persons are contravening the law.


Usage: EmploymentThe advertising or offer of employment for job vacancies must not directly or indirectly create an association with the Commonwealth Games through use of the GOLDOC’s intellectual property or ‘listed expressions’ (page 7) nor may jobs be advertised as a Commonwealth Games available position.

Statements of fact, however, can be made.

PermittedPosition: Structural Draftsman Description: We require extra staff to work on an upgrade to the XYZ venue for the Gold Coast 2018 Commonwealth Games™.

Not PermittedPosition: Gold Coast 2018 Commonwealth Games Draftsman

Description: We require staff for the upcoming Commonwealth Games.

Organisations may not offer positions which make reference to the Commonwealth Games:

e.g. “Head of Gold Coast 2018 Commonwealth Games Business Development”.


Usage: Tourism SectorIn order for the tourism sector to provide information to stakeholders without infringing the rights of the Commonwealth Games sponsors, we have highlighted key criteria when referring to the Commonwealth Games.

The tourism sector may provide factual information in relation to the Commonwealth Games as long as it does not create an unauthorised association with the Games.

PermittedXYZ Tours will operate all through April in 2018 to accommodate increased visitors during the Gold Coast 2018 Commonwealth Games™.The Gold Coast 2018 Commonwealth Games™ will take place from 4 - 15 April 2018. Visit the Official Website for more information: Gold Coast 2018 Commonwealth Games Website

Not PermittedStatements must not be used as a promotional tool or draw specific attention to the Commonwealth Games e.g. theming, highlighted text and Commonwealth Games related headlines are not allowed.

Organisations are not permitted use of the Commonwealth Games brand elements, including emblems and imagery.

Information pertaining to the Commonwealth Games may not be used on signage, billboards, TV advertising, radio advertising or online advertising.Media releases, advertising, promotions, giveaways, packages and alike which reference the Commonwealth Games are strictly forbidden as they are solely designated under sponsorships rights e.g. a ‘Gold Coast 2018 Games Package’ would create an association and be in breach of Commonwealth Games rights.

Leading up to the Commonwealth Games, GOLDOC will undertake extensive initiatives and promotions with key tourism partners to facilitate the promotion of the Gold Coast, Queensland and Australia. These initiatives will be highlighted in due course through our official website.


http://gc2018.com/

http://gc2018.com/

Usage: MediaA genuine journalistic reference to the Commonwealth Games or use of an image for publication or broadcast is allowed provided it does not create or imply an unauthorised association of a third party with the Commonwealth Games e.g. newspapers, news magazines, trade publications, online media and broadcast media.

Editorial use refers to the use of words, phrases or images in a news story or feature.

These guidelines are for journalists and industry commentators in connection with broadcast, print and online media whose primary purpose is news gathering and dissemination.

Please make it clear that such information including any opinions expressed or advice provided is authored or comes from the author and is not official Gold Coast 2018 Commonwealth Games™ content.

Any publication or website with a primary focus on the Gold Coast 2018 Commonwealth Games™ will need GOLDOC’s written approval e.g. a book, magazine or website focusing on the Games must seek permission.

Media organisations will be required to accept the terms and conditions of the Editorial Use Agreement prior to use of various Commonwealth Games brand marks.


For further information General Public: [email protected]: [email protected]


brand protection guide - 2018 commonwealth games web viewbrand protection guide ... registered...

Documents