Notorious for aggressive defence of its brand throughout the world, the International Olympic Committee was laughed out of New Zealand courts when challenging registration of the name Pierre de Coubertin as a trademark by Netherlands company Tempting Brands. Monsieur de Coubertin is held up by the IOC as founder of the modern Olympic movement.
The High Court was told of ongoing worldwide battles between IOC and Tempting Brands over use of the name de Coubertin. Tempting Brands creates brand names, protects the name through trademark registration and then licences use. IOC challenged Tempting Brands Trade Marks Act registration in New Zealand for use of the name Pierre de Coubertin on jewellery and sporting goods, amongst other things. Tempting Brands has trademark rights to use of the name Pierre de Coubertin in the European Union; IOC use of the name in Switzerland, where the International Olympic Committee is based. The two are currently arguing over trademark rights to the name in other countries around the world.
IOC said it has common law rights to the name Pierre de Coubertin. He played an important role in the 1896 revival of the Olympic Games, was a founding member of the IOC and its second president. To challenge Tempting Brands registration of the name as a trademark, IOC had to prove knowledge in New Zealand of the link between Monsieur de Coubertin and the IOC and provide evidence of business activities in New Zealand which linked the two. Justice Churchman described as ‘fanciful’ and ‘lacking reality’ any local knowledge of the link.
IOC said its 2004 award of a Pierre de Coubertin medal to All Black Tana Umaga and a 2008 Pierre de Coubertin trophy to All Black coach Graham Henry cemented the link in New Zealand minds. Justice Churchman said evidence indicated there was little clarity of understanding even amongst New Zealand sports journalists over the status of the awards or the connection with the International Olympic Committee. Attendance by New Zealand athletes at previous Olympic Games did not amount to IOC use within New Zealand of the name or image of Pierre de Coubertin.
Comite International Olympique v. Tempting Brands Netherlands BV – High Court (30.09.19)
19.174