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.
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.
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.
-------------------------------------------------------------------------------- (b) Political Activities. - The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office. --------------------------------------------------------------------------------
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.
No, copyright doesn't apply in this case. You cannot copyright a single word. That is rightly the province of trademark laws.
I read the law and it seems to restrict only commercial use of the word "Olympic". The ad did not even use it as an endorsement (the Olympics support Bush, or the Olympic teams of Iraq and Afghanistan support Bush) but merely to describe the current number of free nations at the Olympic games.
The clause you cite restricts the Olympic Corporation from issuing political endorsements, not politicians from using the word "Olympic".
The whole purpose of the law seems to be to restrict COMMERCIAL use of the word Olympic, so the Olympic corporation may receive its due licensing fees.
(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
Even if 'Olympics' is being misused, the USOC has no legal recourse, because the word is not being used "for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition," unless the USOC can somehow demonstrate that a political campaign is a sale of a service, which would imply that political office can be bought.