## Facts

- The International Olympic Committee (IOC) and the United States Olympic Committee (USOC) owned numerous Olympic-related trademarks and symbols, including “OLYMPIC,” “BEIJING 2008,” and the Olympic rings (the Olympic marks).
- For the 2008 Beijing Olympic Games, the USOC designated two specific vendors to sell tickets in the United States, and ticketing included security measures intended to deter resale and fraud.
- Xclusive Leisure Ltd. (XL) operated seven websites offering tickets to the Beijing Olympic Games.
- XL’s websites displayed Olympic marks and also used logos that closely resembled the “OLYMPIC” and “BEIJING 2008” word marks.
- Members of the public were deceived and defrauded by XL, believing XL was an authorized Olympic ticket vendor.
- The IOC and USOC sued XL seeking injunctive relief to stop XL’s unauthorized use of the Olympic marks in connection with its ticket offerings.

## Issues

1. Whether XL’s use of Olympic marks and similar logos in connection with selling purported Beijing Olympic tickets violated the IOC’s and USOC’s rights and warranted injunctive relief.
2. Whether XL’s websites and branding were likely to mislead consumers into believing XL was authorized, approved, or affiliated with the IOC/USOC.
3. Whether an injunction was an appropriate remedy to stop ongoing misuse of Olympic marks and related consumer deception.

## Decision

- The court found that XL used Olympic marks and lookalike Olympic branding on ticket-selling websites without authorization from the IOC or USOC.
- The court determined that XL’s conduct misled consumers into believing XL was an authorized source for Olympic tickets.
- The court granted injunctive relief barring XL from using the Olympic marks (and confusingly similar designs) in connection with its ticket-selling activity and from representing itself as an authorized Olympic ticket seller.

## Legal Principles

- The IOC and USOC may obtain injunctive relief when a defendant makes unauthorized commercial use of protected Olympic names, symbols, and closely similar designs.
- Use of event marks and closely similar logos on ticket-selling websites can mislead consumers about sponsorship, approval, or affiliation, supporting trademark and unfair-competition claims.
- Evidence that members of the public were actually deceived strengthens the case for injunctive relief because it shows real marketplace confusion and harm.
- Injunctive relief is appropriate where ongoing misuse of protected marks threatens continued consumer deception and loss of control over the mark holders’ reputation and goodwill.

## Conclusion

In *United States Olympic Committee v. Xclusive Leisure Ltd.*, the Northern District of California granted injunctive relief against an unauthorized ticket seller that operated multiple websites offering Beijing Olympics tickets while displaying Olympic marks and closely similar branding, because the use was unauthorized and misled consumers into believing the seller was an approved Olympic ticket vendor.


United States Olympic Committee v. Xclusive Leisure Ltd., 2009 U.S. Dist. LEXIS 12698 (2009)