Sydney Organising Committee for the Olympic Games v Reebok International Ltd

Case

[2000] NSWCA 185

19 July 2000


Details
AGLC Case Decision Date
Sydney Organising Committee for the Olympic Games v Reebok International Ltd [2000] NSWCA 185 [2000] NSWCA 185 19 July 2000

CaseChat Overview and Summary

The Sydney Organising Committee for the Olympic Games (SOCOG) brought proceedings against Reebok International Ltd concerning the unauthorised use of the Olympic rings and associated intellectual property. The dispute concerned whether Reebok's use of the Olympic rings in its advertising campaign constituted an infringement of SOCOG's rights. The matter was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Reebok's advertising campaign, which featured the Olympic rings, infringed SOCOG's exclusive rights under the *Olympic Insignia Protection Act 1987* (Cth) and potentially constituted passing off. Specifically, the court had to determine if Reebok's use of the Olympic rings was for a purpose prohibited by the Act, and if it created a misleading or deceptive impression that Reebok was officially associated with the Olympic Games.

The Court of Appeal considered the provisions of the *Olympic Insignia Protection Act 1987* (Cth), which grants exclusive rights to the Australian Olympic Committee and SOCOG in relation to the Olympic rings and other Olympic insignia. The court analysed the nature of Reebok's advertising and concluded that its use of the Olympic rings, while potentially commercial, did not fall within the prohibited uses under the Act. Furthermore, the court found that the advertising, when viewed in its entirety, did not mislead or deceive the public into believing that Reebok had any official connection with the Olympic Games. The principles of passing off were also considered, with the court finding no evidence of misrepresentation or damage to SOCOG's goodwill.

The appeal was dismissed with costs.
Details

Areas of Law

  • Commercial Law

  • Intellectual Property

Legal Concepts

  • Injunction

  • Remedies

  • Costs

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