February 2026

by Marta Datcu

The Winter Olympic Games undeniably represent a global celebration of excellence and fair competition, and, with an audience of over two billion viewers worldwide, they naturally become one of the most powerful communication platforms.

Behind the spectacle of elite athletes pushing human limits lies a carefully constructed legal and economic framework. Trademark law and unfair competition rules ensure that fairness applies not only on the field of play, but also in the marketplace, protecting the substantial investments made by official sponsors against other market players seeking to capitalize on the competition’s visibility.

Against this background, Article 10 of Italian Law Decree No. 16/2020, adopted precisely for the organization of events such as the Milan–Cortina 2026 Winter Olympic and Paralympic Games, introduces a strict prohibition on ambush marketing. The provision, targeting „parasitic activities”, prohibits misleading advertising practices intended to create an unauthorized direct or indirect association with the Olympic Games in order to gain a competitive advantage.

The regime is enforced rigorously, with the Italian Competition Authority launching investigations into the practices of major retailers on the market. Notably, the prohibition extends beyond the unauthorized use of the registered trademarks within the Olympic intellectual property portfolio, but also captures more subtle forms of indirect association, including the use of color schemes evocative of the Olympic rings, the wording of slogans, or advertising placed in close geographical proximity to official venues.

As the opening ceremony of the 2026 Olympic Games approaches, these rules raise important questions for both legal practitioners and businesses alike:

where should the line be drawn between legitimate commercial expression and unfairly benefiting from a global sporting event that carries not only economic value, but also an immense emotional and symbolic significance?

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