Hongxing Erke Pgression Violates The Management Principles Of Olympic Area
In October 12th, the trademark and Advertising Bureau of the Fuxin Municipal Bureau of industry and Commerce of Liaoning province sent a letter to the Legal Affairs Department of the Beijing Olympic Organizing Committee, and hoped that the Beijing Olympic Organizing Committee confirmed that the Hongqi ERK sporting goods were related to the publicity of the Korean National Olympic Committee logo in China. First, whether it authorized the commodity to mark the Olympic logo; second, whether the five ring signs appeared to be infringing on the goods; third, is the combination of the national flag and the five ring logo in the product advertisement in the shop illegal?
It can be clearly seen in the pictures produced by the industry and Commerce Bureau. The upper left corner of Hongxing Erke is a combination of the North Korean flag and the Olympic rings. The top right-hand corner is its own LOGO, and a large row of characters beneath it reads "the DPRKOREA Olympic Committee's global partnership".
The investigation shows that this is a typical tort and violates the territorial jurisdiction principle of the Olympic Charter.
And similar cases are not cases, many enterprises are trying to take this "overseas hematopoiesis" curve to achieve implicit marketing in China.
For example, Kang Tai sporting goods company (hereinafter referred to as "Kang Tai") has also been reported and investigated by relevant departments.
For this reason, the reporter recently made a secret visit to Guangzhou general distributor of Kang Tai sporting goods Co., Ltd.
The distributor's office is located in an office in the corner of the Guangzhou footwear wholesale market, and the same floor is the Fujian brand sports shoes office.
In an office with an area of about 70, a few offices are placed on the outer layer, and the inner layer is arranged like a display room in a franchised store.
In the center of the exhibition hall, there is a large publicity poster for Kang Tai, with the joint name LOGO of the Lithuania Olympic Committee and Kang Tai sports on the top right corner.
Sales staff said that both sides of the exhibition hall displayed "all belong to Olympic series sports shoes".
In the autumn and winter sportswear brand of Kang Tai, the Lithuania Olympic Committee with five rings and the joint name LOGO of Kang Tai sports are also printed.
In a "Hong Kong" Hong Kong brochure (2007.09 total fourth issues), the reporter also found the Lithuania Olympic Committee logo of the Kang Chun Chun Summer Olympic Games promotional photos.
The publicity slogan on the side is "the embroidery logo of the upper left side of the jacket, the logo of the Lithuania Olympic Organizing Committee, and Kang Tai sports is its strategic partner."
The so-called "strategic agreement" was just a few months ago. According to information from the official website of Kang Tai, in April 15, 2007, China Kang Tai sporting goods Co., Ltd. became the sole supplier of sports equipment for the Lithuania national sports delegation.
In order to know more details, the reporter sent several interviews to fax at headquarters in Fujian, but the other side did not give a positive reply.
In the meantime, the staff member of the Kang Tai headquarters, Lu Li, asked the reporter to contact a person named Xiao Jingyun, and indicated that Mr. Xiao could take full responsibility to deal with this interview.
It is understood that Xiao Jingyun is the chairman of Beijing Jin Wang International Sports Management Co., Ltd., and is also the "matchmaker" of the cooperation between Kang Tai and the Lithuania Olympic Committee.
Reporters once called Xiao Jing, and Xiao said he was away on business. He could return to Beijing that evening.
But thereafter, there was no news.
Chen Chen, deputy chief of the company, telephoned the reporters, arguing that in addition to the authorization of the Lithuania Olympic Committee, Kang Tai received the oral authorization from the International Olympic Committee and the Beijing Olympic Organizing Committee, but he refused to disclose who the so-called oral authorized person was.
Because of advertisements on the streets of the southeastern coastal cities, advertisements of Hongxing Erke group and the logo of the Korean Olympic Committee can be seen everywhere.
Reporters also visited the company on several occasions.
The company executives said that the Korean Olympic Committee has authorized the Hongxing Erke brand to use the Korean Olympic Committee logo in the contract with the DPRK.
The reporter learned from a person familiar with the situation that the authorized terms of these enterprises often have the following items: for example, the name and logo of the sponsoring National Olympic Committee can be used as an image spokesperson for the sponsoring country. The Olympic Committee members, athletes and news media of the sponsoring country can be invited to take part in various promotional activities of the enterprise, so that the products and brands of the enterprise can be publicized in any form in the sponsoring country.
The people also revealed that these enterprises are actually looking at the Olympic rings in the logo of these national Olympic committees, and the similar contracts they signed are mostly at the end of 2008.
Without approval, "why do we pass things elsewhere?"
Xiao Jingyun once asked reporters about this on the phone.
The reporter paid a special visit to Li Hong, the chief representative of International Olympic Committee in China.
Li Hong said: "if the logo of a country's Olympic Committee enters into other countries for commercial propaganda, the National Olympic Committee must negotiate with the Olympic Committee of the countries that are landing."
So, should the commercial propaganda of Hong Kong and Hongxing Erke using the logo of the other Olympic Committee in China be reported to the Chinese Olympic Committee?
"Yes."
Li Hong gave an affirmative answer. "The power gained by enterprises can only be declared and operated in the jurisdictions of the contracting countries.
There is nothing wrong with giving such rights to overseas national Olympic committees, but we must take into account the limits of regional scope. "
The reporter consulted the Olympic Charter, which was revised in September 1, 2004.
The first fourteenth chapters of the "Olympic title" include fourth clearly stated: "the use of the Olympic logo of the National Olympic Committee is only valid in the country where the National Olympic Committee is located; the logo of the National Olympic Committee and other other symbols, emblem, logo or name related to the Olympic spirit and all the Olympic Committees for the Olympic Games are not used for any advertising, commercial or commercial purposes in the countries of other countries' Olympic Committees unless they are obtained in advance by the written consent of the Olympic Committee of other countries."
Earlier, the two companies gave reporters' responses, claiming that they had been authorized to place products labeled by other Olympic committees in China.
Then, this is not the case.
In September this year, the Legal Affairs Department of the Beijing Organizing Committee of the Olympic Games organised the Training Committee of the national industrial and commercial system in Qingdao, which once emphasized the principle of the National Olympic Committee's jurisdiction. That is, if any enterprise is authorized by the corresponding national Olympic Committee and can not provide the consent documents of the Beijing Olympic Organizing Committee and the Olympic Committee of China, according to the regulations on the protection of the Olympic symbols, all the publicity of the enterprise is still a marketing activity that violates the laws of our country.
For this reason, the reporter visited the market development committee of the Chinese Olympic Committee. Sun Jingtong, the director of the committee, repeatedly confirmed that he said: "the Chinese Olympic Committee has never authorized Kang Tao, Hongxing Erke and other enterprises to use the logo of other countries' Olympic committees in the country and propagandize in the country."
Since then, the Chinese Olympic Committee has signed a joint market development agreement with the Beijing Olympic Organizing Committee.
According to the regulations of the International Olympic Committee, if a country has the right to host the Olympic Games, the agreement will come into force from the date of successful bid, while the joint market development is only one in the host country.
That is to say, the Chinese Olympic Committee has already handed over the power of Olympic development to the Beijing Olympic Organizing Committee. Currently, the Beijing Olympic Organizing Committee is fully responsible.
So, did the Beijing Olympic organizing committee agree to the behavior of the enterprises mentioned above?
The Beijing Olympic Organizing Committee's law department still gives the answer.
They made it clear that there was absolutely no authorization for Hongxing Erke and Kang Tai products to carry out Olympic related publicity in China.
"I think that's what these companies want to do."
Li Hong told reporters that many people want to make a detour, but if they are not in the market development undertaken by the Beijing Olympic Organizing Committee, they will be identified as covert marketing, which is illegal.
In fact, hidden marketing is a "heart disease" that has plagued International Olympic Committee and Beijing Olympic Organizing Committee.
With the approaching of the Beijing Olympic Games, the behavior of illegal operation is becoming more and more intense.
According to the regulations on the protection of Olympic symbols, "no Olympic permit can be used for commercial purposes (including potential commercial purposes) without the permission of Olympic rights holders."
For the identification of potential commercial purposes, the sixth clearly indicate other acts that may make people think that there is sponsorship or other supporting relationship between the actor and the Olympic logo holder.
The logo of the National Olympic Committee is the national flag, and the Olympic rings are the Olympic rings. The propaganda of enterprises "seems to focus on the whole, but actually means the five rings". In addition, the names of the subordinate countries are marked in English, which is likely to cause great misleading to consumers.
Zhu Xiaoming, President of marketing sports marketing, said that those countries that signed the contracts had little hope of winning gold. They only bought the Olympic concept. "Simply hope that their products can show their faces in front of the Olympic lens, which is a short-term speculation."
In the final days of sprint in 2008, International Olympic Committee will closely monitor the above actions.
Li Hong disclosed that in the International Olympic Committee Co ordinating Committee just held, International Olympic Committee members realized that the market development of the Beijing Olympic Committee has come to the end stage, and the Olympic Games have entered the stage of warming up.
They judge that the behavior of hidden market will also heat up.
Therefore, the International Olympic Committee called for the establishment of a specialized agency to enhance the ability of professionals to deal with these incidents, while increasing publicity efforts.
Li Hong said that International Olympic Committee had to publicize anti occult market in other Olympic Organizing Committees, and launched a series of public service advertisements to tell the people which are the real sponsors and which are free riders.
In this way, if the unauthorized sponsor does not use the Olympic brand illegally, it will not only enhance the brand of the company, but will damage the image of the company.
"A good market environment is the prerequisite for the emergence of the Olympic brand effect."
Li Hong explained to reporters about IOC's intentions.
But the exclusiveness of Olympic market development means high threshold. Domestic SMEs still do not have such strength. Does it mean that the Olympic gate is destined for them to close?
Li Hong said: "under the premise of obeying the rules of the game, Chinese enterprises are not without opportunities."
This opportunity means that the Olympic Games bring opportunities for the world to discover China.
According to Li Hong, the total investment of Olympic sponsors in this Olympic Games will reach US $6 billion, and many industries will benefit from it.
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