Birmingham Commonwealth Games Act 2020

3 Unauthorised association with the Games

(1) A person acting in the course of a business may not use any representation (of any kind) in a manner likely to suggest to the public that there is an association between the Games and—

(a) goods or services, or

(b) a person providing goods or services.

(2) The following are examples of an association between the Games and a person providing goods or services—

(a) a contractual relationship;

(b) a commercial relationship;

(c) a corporate or structural connection;

(d) the provision of financial or other assistance.

(3) “Use” of a representation includes, among other things—

(a) applying a representation to goods or documents;

(b) selling, offering, or exposing for sale goods that bear a representation;

(c) importing or exporting goods that bear a representation;

(d) providing or offering services by reference to a representation;

(e) promoting goods or services by reference to a representation.

(4) A breach of subsection (1) is to be treated as though it were an infringement of an exclusive right of the Organising Committee to use any representation (of any kind) in the manner described in that subsection.

(5) In an action for breach of subsection (1), the court may grant any relief that is available in respect of the infringement of a property right (whether by way of damages, injunction, accounts or otherwise).

(6) In subsection (5), “court” means—

(a) in England and Wales, the High Court,

(b) in Scotland, the Court of Session or the sheriff, and

(c) in Northern Ireland, the High Court or the county court.

(7) Subsection (1) is—

(a) subject to sections 4 and 5 (authorised association and other exceptions), and

(b) enforceable only by the Organising Committee in accordance with subsections (4) and (5) and sections 6 and 7.