Who can't tweet about #Rio2016?

31 July 2016

Could you get into in trouble for using the hashtag #Rio2016? It depends on who, or what, you are.

For ordinary people the answer is a definite no. You can use it in posts about your favourite athlete as much as you like.

But for companies it's a different matter. And the United States Olympic Committee has been accused of "bullying" firms that aren't official sponsors, to prevent them joining in the social media conversation about the upcoming games.

Like any major sporting event the organisers of the Olympics go to huge lengths to protect the rights of corporate sponsors who invest over a billion dollars in the games.

In 2013 the first US applications to trademark hashtags started being submitted. And while it's impossible to stop ordinary people talking about the event online using registered hashtags, it is now possible to restrict what companies do.

Olympic organisers duly added hashtags to a list of trademarks they had already secured including the use of Rio 2016 to promote chemical products, varnishes and even egg incubators.

Now the Sports TV network ESPN has revealed that the USOC sent letters out to several companies in advance of the Rio Olympics warning them that their online accounts should not reference any Olympic results, share or re-tweet anything from the official Olympic account, or use official hashtags including #Rio2016 and #TeamUSA."

It's part of an attempt to prevent so-called 'ambush marketing', where companies who haven't paid for Olympic rights slyly associate themselves with the games in an attempt to gain additional attention for their products. Criticism has come, however, because the hashtags they have trademarked are so broad - there's likely to be a huge social media discussion about the events in Rio - and many would argue that companies are not advertising if they want to simply wish Team USA good luck.

Eric Goldman, a Professor of Law at Santa Clara University, thinks the USOC approach is overly aggressive and ridiculous. He told us "I think that trying to tell companies that they can't use the hashtag #Rio2016 or #TeamUSA in their tweets, most of the time they're going far afield of what the law permits and when companies use the ambiguities of trademark law to try and squelch socially beneficial conversation, I call that bullying."

Some of the companies targeted by the USOC say it's being too heavy handed. But Sally Bergesen, who runs the clothing company Oiselle has raised another issue. Oiselle got in trouble with the US Olympics Committee after posting a photo of one of the runners they sponsor, just as she qualified for the Olympics. The problem? The athlete was wearing her running number which happened to feature a tiny image of the Olympic rings.

As a result Oiselle received an email from the USOC that said the post constituted Olympic advertising and that the public might get the impression that the company was an official sponsor. Sally says the email ordered Oiselle to remove the photo within 24 hours. Though at time of writing it remains online. But the company has blacked out parts of other Olympic photos in its account.

Sally says her company, and others like it, sponsor and support athletes for the whole of the four year cycle, when attention is minimal. Yet the money they invest isn't recognised by the Olympics once they've helped them reach their goal she argues.

"We estimated that it costs about $300,000 to get an athlete to the Olympics, and the USOC contributed probably about 1% of that cost," she says. "So in my mind, we're more of an Olympic sponsor than they are at this moment. They might have a beautiful stadium, but if it's just about beautiful stadiums and no athletes then I don't think very many people would come and watch."

The USOC told the BBC: "Corporate social channels, that are not official Olympic partners, should not engage in ambush advertising. That is what we have communicated to those companies. Rule 40 from the Olympic Charter is clear and US trademark law is as well."

The International Olympic Committee, who support the USOC's initiative, told us "The IOC and its partners in the Olympic Movement take the threat of ambush marketing very seriously. Our aim is to protect the integrity of the Olympic symbols, the Olympic Games, and the investment of our official partners. Without the revenue and support of our broadcast partners and official marketing partners the Olympic Games would simply not happen.

Another reason the rest of the world will loathe Team USA.

As leaking pipes and exposed wiring — to name two disasters — continue to plague the athletes settling into their digs at Rio’s Olympic Village, Carmelo Anthony and his teammates will be resting their heads at night aboard a luxurious liner.

The Daily Mail reported on Wednesday that the Silversea Silver Cloud will house the US men’s and women’s basketball teams throughout the Games. The 196-cabin, nine-deck supership boasts 7-foot beds and access to a pool, spa and shops. Picture Kevin Durant kicking back with his new Warriors teammates on the serene upper decks or Kyrie Irving posting up in the cigar lounge.

To allay rampant security concerns, more than 250 police officers reportedly are stationed to keep an eye on the yacht.

But all is not perfect in the team’s closed-off paradise. Construction has yet to be completed around the Bay of Rio site where the ship is currently docked, including the road into the port, which has been ripped up to be relaid.

Team Australia’s Andrew Bogut will be jealous anyway. The Dallas Mavericks center posted a photo of himself attempting to assemble a shower curtain.