Sports Big Business No. 2791, welcome to pay attention to the leading sports industry information platform
Wen | Ma Lian Hong
Sports big business reporter
Recently, Beijing Erguotou was fined more than 61,000 yuan by the Beijing Municipal Market Supervision and Administration Bureau for producing commemorative wine products labeled "2022 Beijing Winter Olympics"; Chengdu Dalong Yi HotPot used the Olympic symbol in commercial publicity and was fined 150,000 yuan by the Wuhou District Market Supervision and Administration Bureau; and Super 8 Hotel was fined 20,000 yuan by the Beijing Chaoyang District Market Supervision and Administration Bureau for using signs such as "Olympic Games" and "Olympic Games" on its WeChat public account for publicity.
In the traditional celebration of the northern small year, the Beijing Winter Olympics entered the countdown to the last ten days, and the topic continued to rise. But this hot spot is not something that can be rubbed if you want to, and the merchants who violate the "refueling" of the Winter Olympics may face huge fines. Recently, the State Intellectual Property Office, together with relevant departments, seized more than 30,000 pieces of suspected counterfeit registered trademark goods involved in the illegal use of the logo of the 100th anniversary of the founding of the Communist Party of China, Universal Studios, Beijing 2022 Winter Olympics and Paralympic Winter Games, and counterfeit patents in a special action for intellectual property protection in Beijing in 2021, involving an amount of nearly 100 million yuan.
The commercial use of "cheering for the Olympics" is a violation
On January 25, more than 100 athletes and coach representatives from the Chinese sports delegation to the Beijing Winter Olympics came to Tiananmen Square to watch the flag-raising ceremony and take the oath. After the oath is over, the athletes will gradually enter the closed-loop management, make the final sprint, and prepare for the Beijing Winter Olympics.
According to the understanding of sports big business, the total revenue of the Beijing Winter Olympics market development has reached a record high for the Winter Olympics, and since the official launch of the relevant market development work in February 2017, 45 sponsoring companies have been signed, including 11 official partners, 11 official sponsors, 10 official exclusive suppliers and 13 official suppliers. (Previous related reports: Beijing Winter Olympics Economic Heritage: Market Development Income is the Highest in the Past, Transforming 112 Scientific and Technological Achievements)
In addition, by the end of 2021, the Beijing Winter Olympics have developed more than 5,000 licensed products in 16 categories. There are not only commemorative badges, philatelic products, handicrafts, precious metals and other collectibles, but also practical clothing, stationery, umbrellas, bags, outdoor products, etc., which can fully meet the needs of different groups of people. The Beijing Winter Olympics Organizing Committee has opened 184 licensed retail stores nationwide, set up sales outlets on more than 280 pairs of high-speed trains, covering 31 provinces and regions, and opened an official Olympic flagship store on Tmall.
However, as the Winter Olympics are getting closer and closer, some merchants have moved their minds to take the Olympic hotspots. According to the website of the Beijing Municipal Market Supervision and Administration Bureau, Beijing Erguotou Liquor Co., Ltd. produced a batch of products labeled "2022 Beijing Winter Olympics" commemorative wine on December 12, 2021, a total of 967 pieces, 6 bottles each, 1.5L per bottle. These products were sold to a customer surnamed Zhao on December 12, 2021, with a total sales volume of 61,597.9 yuan. This seemed to have violated the Regulations on the Protection of Olympic Symbols, and finally Erguotou was fined more than 61,000 yuan by the Beijing Municipal Market Supervision and Administration Bureau.
Coincidentally, the authentic Sichuan old hot pot Dalong Yi hot pot was also fined 150,000 yuan by the Chengdu Wuhou District Market Supervision and Administration Bureau for using the Olympic symbol in commercial publicity without the permission of the right holder of the Olympic symbol. It is understood that the Dalong Yi hot pot has posted on its official Weibo that "I am the dragon sister, I cheer for the Chinese Olympic athletes", "the Dalong Yi hot pot takeaway cheers for the Chinese Olympic athletes" and other Weibo containing the words "Olympic Games" and "Olympic Games", which have also violated the "Regulations on the Protection of Olympic Symbols".
Beijing's Super 8 Hotel has published a headline titled "Is the Tokyo Olympics the 'Hardest to Guess'?" The article contains content such as "Super 8 Hotel, Cheering for the Chinese Olympic Games"; the article on "Good Gifts broadcast | Olympic Quiz, Win 'Huge' Prizes", including "Sword Pointing to Tokyo to go to the Olympic Games" and "Winning the Olympic Coins with Prizes", and the end of the article is accompanied by links such as the hotel's video number. The Beijing Chaoyang District Market Supervision and Administration Bureau pointed out that the above types of illegal acts belong to Article 5 (3) of the Regulations on the Protection of Olympic Symbols and the second paragraph of Article 4 of the Regulations on the Protection of Olympic Symbols (2018). In accordance with the first paragraph of Article 12 of the Regulations on the Protection of Olympic Symbols, the Beijing Chaoyang District Market Supervision and Administration Bureau ordered the parties concerned to correct the above-mentioned illegal acts and decided to impose a fine of 20,000 yuan.
The Organizing Committee of the Winter Olympics signed memorandums of understanding with a number of Internet platforms to crack down on all kinds of infringements
Judging from the recent cases of infringement of the Winter Olympics, with the increasing development of the Internet, the Internet is becoming the hardest hit area of Olympic infringement. Therefore, compared with previous Olympic Games, online marketing behavior during the Beijing Winter Olympic Games will face stricter supervision. As early as August 2021, the Legal Affairs Department of the Beijing Winter Olympic Organizing Committee produced 8 volumes of the "Guide to the Protection of Rights and Interests of the Beijing 2022 Winter Olympic and Paralympic Winter Olympics" for different audiences, focusing on warnings and penalties for various types of infringements.
Penalties for infringement: Without the permission of the right holder of the Olympic symbol or the Paralympic symbol, the unauthorized use of its logo for commercial purposes, or the use of similar signs sufficient to cause people to misunderstand, is an act of infringing the exclusive rights of the Olympic symbol or the Paralympic symbol, and the market supervision and management department will investigate and deal with it according to law; if a crime is constituted, the relevant responsible person will also bear criminal liability according to law.
Penalties for implicit marketing: Using elements related to the Olympic Movement to carry out activities without the permission of the right holder of the Olympic symbol or Paralympic symbol is sufficient to cause people to mistakenly believe that there is a sponsorship or other support relationship with the right holder of the Olympic symbol, which may constitute an act of unfair competition. Where acts of unfair competition are constituted, they shall be handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Among them, the "hitchhiking" type of hidden marketing is a high frequency of events in the previous Olympic Games, but in the upcoming Winter Olympics, such hidden marketing will have nowhere to hide, since December last year, the Market Development Department of the Beijing Winter Olympic Organizing Committee has successively signed the "Memorandum of Cooperation on Brand Protection of the Beijing 2022 Winter Olympic and Paralympic Winter Olympics" with major Internet media platforms and e-commerce platforms such as Kuaishou, ByteDance, Alibaba, Weibo, Tencent, etc., to work together to combat Olympic-related infringements. (Previous related reports: Six departments crack down on copyright infringement of the Winter Olympics!) Will monitor the whole network 4660 platforms + blockchain forensics)
At the same time, within the next two months of the Winter Olympic Games and the Winter Paralympic Games, the State Intellectual Property Office will work with the State Administration of Market Supervision to strengthen supervision and inspection, "zero tolerance" for infringement of the intellectual property rights of Olympic symbols, and form a high-pressure situation of continuous deterrence, so that "refueling" marketing has nowhere to hide.
Note: The images used in this article are from the Internet