36 U.S.C. § 220506 — Exclusive right to name, seals, emblems, and badges

submitted 28 years ago by Pub. L. 105-225 to r/title-36-PATRIOTIC-AND-NATIONAL-OBSERVANCES-CEREMONIES-AND-ORGANIZATIONS · 659 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives the U.S. Olympic and Paralympic Committee the exclusive right to use the Olympic name, the interlocking rings, and words like "Olympic" and "Paralympic". The corporation can sue anyone who uses these marks without permission to sell goods, advertise, or promote a competition. People who already used the word "Olympic" for the real mountains in western Washington State, or who lawfully used these marks before September 21, 1950, may keep doing so.

(a) The corporation has the sole right to use certain things. That includes the name "United States Olympic and Paralympic Committee"; the Olympic rings, Paralympic Agitos, and Pan-American torch-and-rings symbol; its own shield-shaped emblem with the five rings on it; and words like "Olympic," "Olympiad," "Paralympic," "Paralympiad," "Pan-American," "Parapan American," and a few Olympic mottos, alone or combined. This rule has exceptions, listed in (d). (b) The corporation may let contributors and suppliers use its name or these symbols to advertise that they gave or approved goods and services for the corporation or the U.S. Olympic, Paralympic, Pan-American, or Parapan American teams. (c) The corporation may sue someone under the Trademark Act of 1946 if, without its permission, that person uses the Olympic-family symbols, the corporation's emblem, the protected words (or confusing variations of them), or any other trademark or symbol that falsely suggests a connection to the corporation, the IOC, the IPC, or the Pan-American Sports Organization — for trade purposes, to sell goods or services, or to promote an athletic event. This right also has the exceptions in (d). (d) Three groups are protected from these rules: (1) Anyone who was already lawfully using the corporation's emblem or the protected words before September 21, 1950, may keep using them the same way, for the same goods or services. (2) Anyone (or whoever they got the rights from) who was already lawfully using the protected words or a similar symbol before September 21, 1950, may also keep using them the same way. (3) A business may use the word "Olympic" if: (A) it doesn't combine that word with any of the protected symbols; (B) it's clear the word refers to the actual Olympic Mountains or region in Washington State — named that before February 6, 1998 — not to the corporation; and (C) the business operates, sells, and markets mainly in western Washington State, west of the Cascade Mountains, with no substantial activity outside that area.

the actual law source: uscode.house.gov ↗public domain

(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 and Paralympic Committee”;

(2)

the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, 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”, “Parapan 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, the Parapan 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, Pan-American, or Parapan 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 subsection (a) or (c) of this section;

(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 credit: (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105–277, div. C, title I, § 142(g), Oct. 21, 1998, 112 Stat. 2681–604; Pub. L. 109–284, § 5(16), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 116–189, § 4(a)(6), Oct. 30, 2020, 134 Stat. 945.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-225 · 112 Stat. 1469
1998Amended · Pub. L. 105-277 · 112 Stat. 2681
2006Amended · Pub. L. 109-284 · 120 Stat. 1212
2020Amended · Pub. L. 116-189 · 134 Stat. 945

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-225 on 1998-08-12.

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