12When protected indicia or images are used for commercial purposes

12 When protected indicia or images are used for commercial purposes

(1) A person (the user) uses a major sporting event’s protected indicia or images for commercial purposes if: (a) the user causes the event’s protected indicia or images to be applied to the user’s goods or services; and (b) the application is for the primary purpose of advertising or promoting, or enhancing the demand for, the goods or services; and (c) the application would suggest, to a reasonable person, that the user is or was a sponsor of, or is or was the provider of other support for: (i) the major sporting event; or (ii) any other event arranged by an event body for the major sporting event in connection with the major sporting event.

Note: This rule is affected by sections 13 (presumption relating to advertising etc.) and 14 (criticism, review and provision of information).

(2) A person (the secondary user) also uses a major sporting event’s protected indicia or images for commercial purposes if: (a) another person has used the event’s protected indicia or images for commercial purposes as described in subsection (1) in relation to goods or services; and (b) the other person is not an official user for the event; and (c) any of the following applies: (i) for goods or services—the secondary user supplies, or offers to supply, the goods or services; (ii) for goods—the secondary user exposes the goods for supply by the secondary user; (iii) for goods—the secondary user keeps the goods for supply by the secondary user or by another person.

Note: This rule is affected by sections 13 (presumption relating to advertising etc.) and 14 (criticism, review and provision of information).

(3) Subsection (2) does not apply for the purposes of sections 23 (notice of objection to importation of goods) and 25 (seizure of goods by Comptroller‑General of Customs). (4) In this Act:

supply includes:

(a) in the case of goods—supply (including resupply) by way of sale, exchange, lease, hire or hire‑purchase; and
(b) in the case of services—provide, grant or confer.