ENTREPRENEURS LOOKING TO latch on to the notoriety of the Olympics for even the most light-hearted of marketing campaigns might face an unexpected downer: a cease-and-desist notice.

That's what happened to Jay Conrad Levinson, author of the well-known "Guerilla Marketing" series of books, some years ago when he decided to host San Francisco's "Frisbee Olympics," an event consisting of 10 athletic trials… for dogs. It was 1974, shortly after swimmer Mark Spitz had captured worldwide attention in the 1972 Summer Games, and Levinson was hoping to parlay Olympic fever into canine gold.

“We knew a lot of pet owners would enter,” says Levinson. Indeed, he says, a number of Bay Area residents were already drooling over the opportunity to showcase their talented pets when the San Francisco Chronicle ran an article about the event. Just days later, Levinson received a letter from the United States Olympic Committee asking him to remove the word “Olympics” from the event — or face legal action.

Over the past three decades, scores of entrepreneurs like Levinson hoping to cash in on the Olympics have had their dreams dashed, not by rival countries but by trademark attorneys. In the late 1970s, the Olympics began selling the rights for companies to provide the "official" soft drink, camera or even Frisbee of the Summer or Winter Games. After that, it just made sense to start policing the use of the Olympic trademark, too. v And it's not just the Olympics. “Most big events—the World Cup, the Super Bowl, the World Series and the Boston Marathon are events that are not only covered by federal trademark registrations, but the uses are fairly monitored," says Michael Kahn, an intellectual property attorney at Bryan Cave, a law firm with offices in St. Louis. Businesses that use a trademark without permission can face a legal injunction halting its use and may have to turn over profits or pay damages, he says.

If you're hoping to link your next marketing campaign to a big-name event, or if you want to name a product or service with that event in mind, here's how to avoid a legal nightmare:

Search for trademarks

You should first find out if the event you’re trying to link up with has been trademarked, suggests Kahn. “Look at the promotional material being put out by the company,” he says. “If there is a ‘circled R’ [following a logo or word] that means that this is a federally-registered trademark.” Also look for the letters “TM,” which typically follow non-registered, but still trademarked words or phrases. You can also check the U.S. Patent and Trademark Office’s Trademark Electronic Search System to search for federally registered trademarks.

If the event or phrase isn’t listed at the site, you’re not in the clear yet, says Kahn. It may be protected by other intellectual property designations. For instance, smells, textures or shapes can be trademarked — think the 1950s style Coca-Cola bottle. To search for marks that include elements of design, check out the Trademark Office’s Design Search Code Manual. For more on trademarks go to StopFakes.gov/smallbusiness.

Watch your wording

Using trademarked words is permissible when it's simply the easiest way to describe something, says David Sitrick, an intellectual property attorney in Skokie, Ill. That's considered "fair use." In other words, the event, word or phrase has become so popular that it's part of everyday speech. But there are limits. A gym that wants to sponsor a body-building competition could say something along the lines of "We're not the Olympics, but you'll still compete here." The gym couldn't, however, say it was hosting the "Olympics of bodybuilding competitions."

In general, referring to an event itself is not the problem, says Kahn. “If it creates the misleading impression that your use of that trademark is approved by or otherwise affiliated with the owner of that trademark, then you need to worry,” he says. Trademark laws are geared toward protecting the public and ending confusion as to who is sponsoring the product. “We are not trying to protect Coca Cola,” he says. “We are trying to protect the public from believing that the [National Football League] is sponsoring an event at a local bar.”

Cover yourself

Sitrick also suggests that if you do mention a trademarked event, add a disclaimer to the bottom of your message or to your product’s packaging. It should disclose that whatever event you are referencing is trademarked. “If you provide a factual listing of what you are showing and you provide a footnote distinguishing the event and establishing them as registered trademarks, you’ll have a legal leg to stand on,” says Sitrick. Of course, it's wise to seek some legal advice to ensure that you won't receive a cease-and-desist letter.

Seek sponsorships

By becoming an event sponsor, you can avoid a lot of legal hoops. Big-event sponsorships can attract millions or even billions of eyeballs, although it's typically quite costly. Consider less expensive licensing deals. In this situation, businesses can typically use an event’s name and logo freely in their marketing materials during the licensing period. Here’s a story about small businesses landing licensing deals with the Olympics. If the price of licensing is still too high, consider sponsoring smaller, local events.

Consider a name change

But to really be on the safe side, consider changing the name. In one-well known example, the “Gay Olympics,” started in 1982 by former Olympian decathlete Tom Waddell, changed its name to the “Gay Games” after the International Olympic Committee filed suit. Other groups or businesses that have tried to use the Olympics in their names have opted for non-trademarked phrases such "agility trials" or "challenge."

Levinson, who wanted to host the Frisbee Olympics, said he thought about a name change, but ultimately decided to just cancel the event. “It wouldn’t have been as big of a deal if I had called it ‘Dog Competition’ or ‘Frisbee Competition,’” he says.

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