On the basis of an arsenal of trademark and design registrations, the IOC has effectively monopolized the key Olympic identifiers: the name, the five rings and the mascots. Brands are free to “surf the wave”, but the rule of thumb is simple: no use of Olympic marks or symbols, and no unauthorized exploitation of imagery of the athletes or the Games themselves.
HEMA’s “neutral” reaction to Jutta Leerdam’s gold medal race is a masterclass in compliant ambush. Jutta is not only a top tier speed skater, but also an influencer with a highly recognizable make up look. After her victory, the world saw her tears of joy and smudged mascara. Within 30 minutes, HEMA posted a razor sharp Instagram post picking up on the running mascara, no rings, no logos, just smart contextual branding.
Bavaria, by contrast, has form when it comes to pushing the ambush envelope (remember the Bavaria Babes / Dutch Dress saga in South Africa). This year, Carnival partly overlaps with the Olympic Games. Bavaria’s Carnival campaign, themed around top‑level sport, ends with five beer glasses on the bar, lined up in a way that looks suspiciously like the Olympic rings. After a complaint from the IOC, the commercial is swiftly pulled and reedited, this time featuring four glasses. Bavaria cannot resist adding a tongue‑in‑cheek disclaimer that any similarity with other well‑known five‑element symbols is “purely coincidental”.
