by Jesse Burke, Account Executive

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As Team USA prepares for another Winter Olympics, marketers around the country are gearing up for a special game of their own: Don’t Get the Brand Sued. 

Ah, yes, it’s time for that ongoing push to keep your brand top of mind for consumers, while far away from the eyes of the lawyers. It’s all in the vein of ambush marketing — a strategic move to link your brand to cultural moments without paying the official (and often high) sponsorship fees. 

It’s a high-reward play, but the line between “marketing success” and “copyright infringement” is extremely thin. To keep your brand out of the penalty box and on the gold medal podium, here is our four-point playbook for executing high-impact, brand-safe marketing campaigns around the world's biggest events.

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1. The name of the game.

When dealing with pop culture events, their titles are more often than not trademarked, making them strictly off-limits to businesses and other corporate entities. This includes events like the Super Bowl, the GRAMMYS, Olympics and Paralympics, Coachella, March Madness — you name it.  

Although over the years, marketers have gotten creative and launched a handful of non-branded codenames for some of pop culture’s hottest events. Consider these boring, but safe, re-named alternatives:

1. Super Bowl ➞ “The Big Game”

2. Academy Awards  ➞ “Hollywood’s Night”

3. Winter Olympics ➞ Best to play it safe and just keep this one far away from your brand. 

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2. IP is not for me. 

You guessed it! Similar to trademarked names, intellectual property is also not to be played with.

While most intellectual property is strictly off-limits to corporate entities, the United States Olympic & Paralympic Committee (USOPC)’s rings are particularly protected. Unless officially partnered with the Olympics, businesses are forbidden from using any variation of the rings in marketing or advertising, whether in social posts, printed ads, or even an internal team-building event.

While it may be tempting to create a new version of the Olympic Rings using your brand’s logo or items within your industry, this is also strictly prohibited under the USOPC brand guidelines. So, in this case, it’s best to stick to generic iconography: gold medals and generic football trophies.

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3. #DontEvenThinkAboutIt

Believe it or not, even hashtags are considered protected trademarks. As a result, corporate social media accounts are prohibited from using hashtags such as #SuperBowl, #TeamUSA, #Grammys, #MarchMadness, or #Olympics, despite that last one’s tempting nearly 7 million posts on Instagram. While this may seem rather easy to get away with, there’s a history of companies receiving cease-and-desist letters for using these restricted terms.  

While these limitations are #disappointing, consider making connections with your brand through hashtags like #WinningEats, #WatchParty or #GoldMedalMinset.

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4. Picture (not so) perfect.

They say a picture is worth a thousand words, but when using photos from trademarked events, it’s only two words: copyright infringement. 

Yep, this means photoshopping your product into the hands of this year’s Academy Awards best actress winner is likely to get two thumbs down from your legal department.

In all cases, especially with trademarked events, it’s best to stick to generic images of red carpets, ski slopes, and basketball courts from royalty-free sites such as Pexels.

Another option: Source visuals from within your organization. A photo from a colleague’s ski trip, awards reception or trip to the rec center could connect with your online community more deeply than the thousandth photo of the season’s biggest sports star.

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Final piece of advice…

Navigating these pop culture events can feel confining, but following the rules is crucial to maintaining integrity for your brand— and yourself. These guidelines not only ensure compliance but also inspire marketers to work creatively within them. 

At the end of the day, the rules are just an opportunity in disguise. Follow these four tips, and you’ll protect your brand from a lawsuit and create smarter, more original content that engages your audience. 

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