Posted on 08/27/2004 1:58:15 AM PDT by JohnHuang2
Friday, August 27, 2004
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The White House is thumbing its nose at officials with the 2004 Olympic Games, and will continue to run a President Bush re-election commercial which uses the Olympiad as a backdrop.
"We are on firm legal ground to mention the Olympics to make a factual point in a political advertisement," campaign spokesman Scott Stanzel told reporters. "The ad reflects the president's optimism that freedom is overcoming terror, and democracy is spreading throughout the world."
A woman's voice heard in the ad says:
"In 1972, there were 40 democracies in the world. Today, 120. Freedom is spreading throughout the world like a sunrise. And this Olympics there will be two more free nations. And two fewer terrorist regimes. With strength, resolve and courage, democracy will triumph over terror. And hope will defeat hatred."
The "two more free nations" and "two fewer terrorist regimes" refer to Iraq and Afghanistan, both of whose names and flags appear on screen.
The U.S. Olympic Committee had formally asked the White House to stop running the commercials, citing a congressional act which bars the use of the words "Olympic" and "Olympiad" for commercial or political purposes.
"We own the rights to the Olympic name, and no one has asked us," said Gerhard Heiberg, Norway's representative to the International Olympic Committee and IOC market commission leader.
"It is the responsibility of the USOC to manage Olympic marks, terms and images in the U.S., and also to remain apolitical," Darryl Seibel, a spokesman for the USOC, told the Washington Post.
Ironically, the Bush ad never displays any Olympic logo, but only mentions the word in its text.
The spots are expected to continue through Sunday, when the Games conclude.
It's a great commercial, and speaks the TRUTH!!! Soemthing the phonies and thuggocracies just don't understand.
Love that title.
I know I am in the minority here, but I firmly believe the President is dead wrong, and I have yet to hear from his campaign's lawyers an explanation of why they don't need to adhere to the US Code awarding the rights to the word "Olympics" in advertising to the USOC.
They would be bitching anyway.
Maybe. But not legitimately.
typo "one" own. sorry
OK, folks, so that you all know what I am referring to, here is the full text of Title 36, U.S. Code 220506, the act of Congress that is in tiny print wherever you see the Olympic logo used in advertising:
In addition to the above, it is followed by Title 36 Sec. 220507 which says:-CITE-
36 USC Sec. 220506 01/22/02-EXPCITE-
TITLE 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle II - Patriotic and National Organizations
Part B - Organizations
CHAPTER 2205 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION-HEAD-
Sec. 220506. Exclusive right to name, seals, emblems, and badges-STATUTE-
(a) Exclusive Right of Corporation. - Except as provided in
subsection (d) of this section, the corporation has the exclusive
right to use -
(1) the name ''United States Olympic Committee'';
(2) the symbol of the International Olympic Committee,
consisting of 5 interlocking rings, the symbol of the
International Paralympic Committee, consisting of 3 TaiGeuks, or
the symbol of the Pan-American Sports Organization, consisting of
a torch surrounded by concentric rings;
(3) the emblem of the corporation, consisting of an escutcheon
having a blue chief and vertically extending red and white bars
on the base with 5 interlocking rings displayed on the chief; and
(4) the words ''Olympic'', ''Olympiad'', ''Citius Altius
Fortius'', ''Paralympic'', ''Paralympiad'', ''Pan-American'',
''America Espirito Sport Fraternite'', or any combination of
those words.
(b) Contributors and Suppliers. - The corporation may authorize
contributors and suppliers of goods or services to use the trade
name of the corporation or any trademark, symbol, insignia, or
emblem of the International Olympic Committee, International
Paralympic Committee, the Pan-American Sports Organization, or of
the corporation to advertise that the contributions, goods, or
services were donated or supplied to, or approved, selected, or
used by, the corporation, the United States Olympic team, the
Paralympic team, the Pan-American team, or team members.
(c) Civil Action for Unauthorized Use. - Except as provided in
subsection (d) of this section, the corporation may file a civil
action against a person for the remedies provided in the Act of
July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the
Trademark Act of 1946) if the person, without the consent of the
corporation, uses for the purpose of trade, to induce the sale of
any goods or services, or to promote any theatrical exhibition,
athletic performance, or competition -
(1) the symbol described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
(3) the words described in subsection (a)(4) of this section,
or any combination or simulation of those words tending to cause
confusion or mistake, to deceive, or to falsely suggest a
connection with the corporation or any Olympic, Paralympic, or
Pan-American Games activity; or
(4) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
International Olympic Committee, the International Paralympic
Committee, the Pan-American Sports Organization, or the
corporation.
(d) Pre-Existing and Geographic Reference Rights. - (1) A person
who actually used the emblem described in subsection (a)(3) of this
section, or the words or any combination of the words described in
subsection (a)(4) of this section, for any lawful purpose before
September 21, 1950, is not prohibited by this section from
continuing the lawful use for the same purpose and for the same
goods or services.
(2) A person who actually used, or whose assignor actually used,
the words or any combination of the words described in subsection
(a)(4) of this section, or a trademark, trade name, sign, symbol,
or insignia described in subsection (c)(4) of this section, for any
lawful purpose before September 21, 1950, is not prohibited by this
section from continuing the lawful use for the same purpose and for
the same goods or services.
(3) Use of the word ''Olympic'' to identify a business or goods
or services is permitted by this section where -
(A) such use is not combined with any of the intellectual
properties referenced in subsections (FOOTNOTE 1) (a) or (c) of
this section;
(FOOTNOTE 1) So in original. Probably should be ''subsection''.
(B) it is evident from the circumstances that such use of the
word ''Olympic'' refers to the naturally occurring mountains or
geographical region of the same name that were named prior to
February 6, 1998, and not to the corporation or any Olympic
activity; and
(C) such business, goods, or services are operated, sold, and
marketed in the State of Washington west of the Cascade Mountain
range and operations, sales, and marketing outside of this area
are not substantial.-SOURCE-
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105-277,
div. C, title I, Sec. 142(g), 112 Stat. 2681-604.)-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
220506(a) 36:380(c). Sept. 21, 1950, ch.
975, title I, Sec.
110, as added Nov.
8, 1978, Pub. L. 95-
606, Sec. 1(b), 92
Stat. 3048.
220506(b) 36:380(b).
220506(c) 36:380(a) (1st
sentence).
220506(d) 36:380(a) (2d, last
sentences).
-------------------------------
Subsection (a)(2) and (3) is substituted for ''the symbol
described in subsection (a)(1) of this section; the emblem
described in subsection (a)(2) of this section'' because of the
reorganization of the section.
In subsection (b), the words ''or any trademark'' are substituted
for ''as well as any trademark'' to eliminate unnecessary words.
The words ''furnished . . . or for the use of'' are omitted as
unnecessary.
In subsection (c), the words ''the corporation may file a civil
action against a person'' are substituted for ''any person . . .
shall be subject to suit in a civil action by the Corporation'' for
clarity.
In subsection (d)(2), the words ''the words or any combination of
the words described in subsection (a)(4) of this section, or a
trademark, trade name, sign, symbol, or insignia described in
subsection (c)(4) of this section'' are substituted for ''any other
trademark, trade name, sign, symbol, or insignia described in
subsections (a)(3) and (4) of this section'' for clarity.-REFTEXT-
REFERENCES IN TEXT
The Trademark Act of 1946, referred to in subsec. (c), is act
July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly
known as the Lanham Act, which is classified generally to chapter
22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title
note set out under section 1051 of Title 15 and Tables.-MISC2-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 142(g)(1),
substituted ''rings, the symbol of the International Paralympic
Committee, consisting of 3 TaiGeuks, or the symbol of the
Pan-American Sports Organization, consisting of a torch surrounded
by concentric rings;'' for ''rings;''.
Subsec. (a)(4). Pub. L. 105-277, Sec. 142(g)(2), inserted ''
'Paralympic', 'Paralympiad', 'Pan-American', 'America Espirito
Sport Fraternite','' before ''or any combination''.
Subsec. (b). Pub. L. 105-277, Sec. 142(g)(3), (4), inserted '',
International Paralympic Committee, the Pan-American Sports
Organization,'' after ''International Olympic Committee'' and ''the
Paralympic team,'' before ''the Pan-American team''.
Subsec. (c)(3). Pub. L. 105-277, Sec. 142(g)(5), inserted '',
Paralympic, or Pan-American Games'' after ''any Olympic''.
Subsec. (c)(4). Pub. L. 105-277, Sec. 142(g)(6), inserted '', the
International Paralympic Committee, the Pan-American Sport
Organization,'' after ''International Olympic Committee''.
Subsec. (d). Pub. L. 105-277, Sec. 142(g)(7), inserted ''and
Geographic Reference'' after ''Pre-Existing'' in heading.
Subsec. (d)(3). Pub. L. 105-277, Sec. 142(g)(8), added par. (3).-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 sections 1116, 1117,
1125.
IMHO, this all has to do with copyright protection, not politics. If Clinton or Gore tried to pull this, the USOC would have been duty-bound to go after them too.
(b) Political Activities. - The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.
Surely this speaks more to George Bush's real stand on the CFR, 527 and free speech controversy than anything. He has taken a public stand on the Swiftie ads that is at odds with this one.
For heaven's sake. It is a word. Just a word.
well i ws wrong. Stii think its ridiculous that some one can lay claim to a word and event thats been around for eons. I think I'll try and get the coppy rights for the word "Bible" and become a millonare ;-p Lol. Thanks for the info.
http://www.freerepublic.com/focus/f-news/1200737/posts - table of 120 countries from http://www.freedomhouse.org/research/freeworld/2001/
OK, let's ignore the Olympics altogether. Boycott the games. Let's see how popular the Olympics are without any Americans in them.
I just moved back to America after 4 years in Europe. Your words are true. Without America, Europe and the rest of the world is in trouble in economic terms. Moreover, they are incapable of defending themselves.
God bless the USA----I love my country.
I can do anything you can do better ... I can do anything better than you
I do not see how the Bush ad gives an impression that there is a connection between his campaign and the Olympics just because the word "Olympics" is used.
d(4)C of the statute provides the cover, I think. Use of the word Olympic in business or politics is allowed if the use is not "substantial". A court would need to define the meaning of "substantial".
I recall that before and during the Atlanta Olympiad that the USOC ignored the statute and sued virtually everyone and everything in the State of Washington that dared to use the name of the mountain range, the penninsula or the National Park in their business. I think they even contemplated suing the park service.
Personally, I have no problem with even the Kerry campaign using the word and name. Legal rights to words, ideas and concepts is vastly overblown in this time.
You are right, if suddenly the US disappears Europe, and all the rest of the world would have a big impact. In return, I don't think the US could survive without at least a part of the rest of the world, just take a look at your balance import/export.
It's so difficult to understand that we are all in the same boat?
I also don't see the link between a claim to boicot the Olympics and european economy. Do you believe that the olimpycs are something intrinsecally european?
Besides the fact that they started in Greece and that the headquarters of IOC are in Europe I don't see any relation.
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