Legal Case Study: Czech Olympic Committee vs. Budjovick Budvar

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Czech Olympic Committee took legal action against Budjovick Budvar for infringement of Olympic properties and unfair competition during the 2006 Winter Olympics. The case involved ambush marketing tactics and resulted in a public apology, damages of EUR 90,000, and legal costs. Despite a rejected complaint to the self-regulatory advertising council, the Czech Supreme Court ruled in favor of the Committee in 2012.

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Ambush Marketing and Olympics Czechia Michal Havl k Attorney at Law Civil and Commercial Law Corporate Law Labour Law Competition and Anti-Trust Law Environmental Law Pharma Law Intellectual Property Real Estate Due Diligence WIPO FOR OFFICIAL USE ONLY

Protection of Olympic properties the Olympic Charter the Nairobi Treaty on the Protection of the Olympic Symbol signed by Czechoslovakia on 22 December 1982 never formally ratified in the Parliament the Act No. 60/2000 Coll, on Protection of Olympic Properties defines the Olympic properties prohibits any use of Olympic properties for commercial, advertising or other similar purposes without prior written authorization by the Czech Olympic Committee prohibition relates to any sign consisting of or containing the Olympic properties www.sak-alo.cz WIPO FOR OFFICIAL USE ONLY

Background Ice Hockey since 1908 Gold Olympic Medal from Nagano 1998 No. 1 spectator sport in Czechia Bud jovick Budvar state owned brewery 1495 foundation of brewery in Bud jovice/Budweis 1876 Anheuser Busch first uses Budweiser Bier in USA pending trademark litigation in over 100 cases around the world www.sak-alo.cz WIPO FOR OFFICIAL USE ONLY

Czech Olympic Committee vs Budjovick Budvar Winter Olympics in Torino 2006 competing brewery Pilsner Urquell official sponsor of the Czech Olympic Team advertising campaign of brewery Bud jovick Budvar expression Hokeji da evoking Czech word Olympi da characters Bob and Dave in Czech ice-hockey jerseys torch consisting of ice-hockey sticks medals and phrase we gonna be smuggling precious metals tagline Official Beer of Czech Hockey broadcast during Olympic Games www.sak-alo.cz WIPO FOR OFFICIAL USE ONLY

Czech Olympic Committee vs Budjovick Budvar www.sak-alo.cz WIPO FOR OFFICIAL USE ONLY

Czech Olympic Committee vs Budjovick Budvar complaint to self-regulatory advertising council rejected law suit filed in 2006 seeking EUR 560,000 first instance judgement in February 2009 appellate judgement in December 2010 resolution of Czech Supreme Court in November 2012 - - - - infringement of Olympic properties and unfair competition express reference to ambush marketing public apology damages of EUR 90,000 and legal costs www.sak-alo.cz WIPO FOR OFFICIAL USE ONLY