The power of Olympic intellectual property and how Italy protects it at Milano-Cortina 2026

When you think of the Olympics, the first thing that comes to mind is the iconic Five Rings trademark. But Olympic and Paralympic intellectual property (IP) is far more than a symbol. It's a carefully protected ecosystem that includes emblems, logos, mascots, anthems, official designations, designs and so on. Every element - from the Olympic motto “Altius, Citius, Fortius” to the Paralympic one “Spirit in Motion” - is legally safeguarded to preserve the value, integrity, and global appeal of the Olympic movement.

The Nairobi Treaty of 1981, ratified in Italy, ensures that the Olympic symbol cannot be registered as a trademark or used commercially without the express permission of the International Olympic Committee (IOC). In Italy, this protection extends to the Milano-Cortina 2026 Games, covering trademarks such as "Milano Cortina 2026", "Milano Cortina", "Giochi Del 2026", "Giochi di Milano Cortina 2026" or "Giochi di Milano Cortina".

Italy has a strong, multi-layered legal system to protect Olympic and Paralympic IP rights:

• Italian Intellectual Property Code (Legislative Decree No. 30/2005): prohibits the registration or unauthorized use of trademarks, domain names, and other distinctive signs associated with the Games;
• Copyright Law (Law No. 633/1941): safeguards all creative works tied to the Games;
• Civil Code (Art. 2598, Unfair Competition): prohibits acts likely to confuse consumers about the identity of sponsors;
• Unfair Commercial Practices (Legislative Decree No. 146/2007): bans misleading or deceptive marketing;
• Olympic Law (Law Decree No. 16/2020, converted into Law No. 31/2020 - Urgent provisions for the organisation and staging of the Milano Cortina 2026 Winter Olympic and Paralympic Games and the ATP Finals in Turin 2021–2025, as well as provisions concerning the prohibition of parasitic activities): explicitly bans ambush marketing and sets administrative fines ranging from €100,000 to €2.5 million.

To help ensure compliance, the Fondazione Milano Cortina 2026 has issued detailed Guidelines outlining how Olympic and Paralympic IP may and may not be used (available here). These Guidelines cover virtually all contexts, including:

• Retail and merchandise: what can be displayed or sold in stores and online;
• Media and advertising: proper use on TV, online platforms, and print publications;
• Digital platforms and social media: rules for posts, videos, or user-generated content;
• Events and promotions: guidance for exhibitions, corporate activations, and sponsorship campaigns.

The Guidelines analyse the different types of uses of the Olympics properties, clearly distinguishing between authorized and unauthorized usage. They emphasize that even indirect or suggestive associations with the Games may be considered ambush marketing if they create the impression of an official partnership where none exists.

With so much visibility comes temptation. Ambush marketing occurs when non-official sponsors attempt to create the impression that they are associated with the Games without authorization. Italy takes this threat seriously and the authorities have already taken actions against some initiatives that were considered in breach of the law.

Under the Italian Olympic Law, parasitic or misleading advertising and marketing activities are expressly prohibited. In particular, the following conduct qualifies as unlawful ambush marketing:

• Creating even an indirect association between a trademark or other distinctive sign and the Olympic or Paralympic Games that is capable of misleading the public as to the identity of the official sponsors;
• Falsely representing or claiming, in advertising or promotional materials, to be an official sponsor of the Games;
• Promoting one’s own brand or distinctive signs, through any action not authorised by the organisers of the Games, carried out in connection with the Games and capable of attracting public attention in a manner that creates the erroneous impression of being an official sponsor;
• Selling or advertising products or services that are unlawfully marked, even in part, with the logo of the Games or with other distinctive signs capable of misleading the public and suggesting a connection with the event, its organiser, or authorised parties.

The law also clarifies that activities carried out pursuant to sponsorship agreements entered into with individual athletes, teams, artists, or other authorised participants in the Games do not constitute parasitic advertising.

Examples of prohibited practices include advertising that using Olympic-related imagery, and selling or distributing products carrying Olympic or Paralympic symbols without permission.