PART IV
Chapter 18 Appeals Court Thirty days, please
I couldn't face the appeals process though I started it. Through Louis M. Brown,* I locate and retain Richard G. Perkins to handle what was going to be an up and down appeals process. Mr. Perkins did a fine job officiating for what ended being meaningless, no reflection on him. One appeal from the district court; two certiorari petitions to join SFAA and get our issues before the Court; supplemental arguments; as well as his appearance at the 9th Circuit hearing. He did very well - but as mentioned it didn't matter . . . Circumstances were going in the hollywood tunnel and never come out. Meanwhile I can hardly breathe. This conspiratorial, prejudicial, repugnant, and illegal treatment is telling me something. Now with Mr. Perkins writing the appeal - I can do what?
* Louis M. Brown is known as the Father of Preventative Law and it is 1986. He was 'of counsel' for my corporation attorneys (S.B.G. & J.). He heard from the firm of my legal attempts and was interested because I appeared as my own attorney, a term known as "pro se" and sometimes "in pro per." We talked several times when I was at the office and he was always jovial as if something good had happened. He said, "Your situation would make a very interesting book." His legacy lingers because he suggested the story be written and titled, The Pro-Se Litigant. I honor his suggestion and credit him with the title. I couldn't write this story 22 years ago when he suggested it. Like wine it has aged as I have but the story is the same one. I knew not who I was talking to back in 1986. See below,
National Center for Preventative Law (pasted in)
*LOUIS M. BROWN, distinguished emeritus professor of law at USC and a former president of the Beverly Hills Bar Association. A practicing attorney whose career spanned six decades, widely known as the inventor of, and chief spokesman for, the legal specialization of “preventive law.” Recalling the genesis of preventive law, Brown said in a 1979 interview, “I first used the term in 1950, after observing that many of my clients could have avoided their legal difficulties.” Preventive law is analogous to preventive medicine. “The time to see an attorney is when you’re legally healthy – certainly before the advent of litigation and prior to the time legal trouble occurs.” “Professor Brown made exceptional contributions toward improving legal education, enhancing the legal profession and educating the community,” said Scott H. Bice, dean of the USC Law School. “His concern for the betterment of society was evidenced by his strong dedication to popularizing preventive-law concepts and making them available not only to institutions and wealthy clients but to ordinary clients as well.” Thank you, Mr. Brown, for the inspiration and suggestion for this book as well as it's title.
Private Lobbyist
A private person (individual) does not have to register with the Clerk of the House to become a lobbyist. You or I have the same right and that is 'the right to approach Congress,' whether an individual rep. or the whole club at once. I believe it's a good club.
NOW - I have no corporation or company, no music, emotional exhaustion, no work, and no future as far as I know at the moment. The federal court has just ...... on me, and it stinks on top of the hurt. My remaining capital would have been Year 2 of Olympic Records operations. I am still fighting for Olympic Records so what's next? My 9th circuit appeal will undoubtedly go bad because a three judge panel has now ruled against the Gay Olympics appeal and SFAA is motioning for a rehearing en-banc (issue before the whole nine judge court). This motion is seldom granted. In some ways it is legal procedure to do the act before you can no longer claim the right. SFAA was not doing this for procedural reasons. It was one more step to take before applying for certiorari at the U. S. Supreme Court, which they were soon to do.
What to do?
I'll share a belief. Everyone has an IDEA in a billionth of a second and most people have no earthly realization that manifesting that good, right, creative, and perfect idea could take your entire life, literally and figuratively. That billionth of a second just stole your life because the IDEA appealed to your sense of self-importance. The IDEA is the siren's song and the sea is what you have to work with. By chasing the wrong IDEA the precious time spent executing the IDEA is what is lost. You pay dearly with time that might have been spent having a life instead of chasing one. I'm guilty by association. Looking at my beloved complaint (the house of certifications) it comes to me. I have another IDEA.
Take the Case goes to Congress
I'll send my lawsuit to Congress! After all my entire action is about the Constitutionality of a law passed by Congress. It's the interpretation of the law that's unconstitutional and the law was NEVER meant to be applied in that manner, NEVER. Congress was made aware of this and they eventually speak. This is not the interpretation intended, according to them. But since they enacted this law that required me to seek redress and undress in one of the three branches of government (and we know how it's going) I'll send the whole thing to Congress. I don't mean my congressman, I have none. (later on it would have been Sonny Bono* from Palm Springs). The entire Congress made this law and the entire Congress is going to get it. That's a concept that escaped many. I called the clerk of the House and ordered the members list, received it, did a quick read and decided who. I considered a Congressman's role and seniority in the Hallowed Halls. I came up with 200 members of the House and 77 Senators that were going to receive the Petition, Complaint, and Evidence.
* In 1971 I was playing trumpet with Paul Revere and the Raiders on tour and we were playing state fairs and concerts throughout the mid-west. Sometimes thirty thousand fair goers would fill the stadium type venues. Occasionally we would be in the middle of the stock car track. Sonny (Bono) and Cher were one the groups that were doing several dates with us. Their daughter, Chastity, was about 2. Paul Revere needed trumpets (horn section) because their singer, Mark Lindsey, recently had two hit songs in succession on his own. Silver Bird and Arizona written by an fine Australian songwriter. The songs were recorded in Hollywood and arranged by Artie Butler. This was prime Hollywood arranging, Artie was one of the best. Performing these charts took skill, stamina, and sometimes, courage. Playing these arrangements with loud amplifiers everywhere made the job extra taxing. Basically, you blew your brains out. Traveling scale was about $900 a week a man, two trumpets and trombone. A few hours before the first concert appearance I exited my motel room and walked directly into a frisbee hitting my square in the mouth, busting both top and bottom lip. Blood everywhere, but on with the show, that was a hard night.
Back to Congress
Imagine 277 copies of an 8 inch record of over 555 pages each. It took 17 days, non-stop. Seventeen days after I was ruled against in the court. I had 40 copier paper boxes full of the material to assemble and hole punch. Each had front covers of matte paper and so on. I have no assistant other than T.O. and he got tired of helping. He didn't like the smell of copy paper and neither did I. It smelled like boxes of dead something (was that Olympic Records?). 555 pages times 277 sets certified documents originating from all the states.
Another aside: Certifications in many cases are quite attractive. They have the color artwork created for it by the state (flag, state outline, picture) and they have ribbons and foil seals. "TO WHOM THESE PRESENTS COME" many would announce. I had a colorful lawsuit. Ten to fifteen bucks a piece for certifications and it would have made great wallpaper for the suicide chamber. There were not going to be color copies, everything looked a drab unimportant grey. The poor Post Office. I would mail 35 congressmen at a time. The P.O. received these mailings at the back door and I would bypass the Idyllwild P.O. and put them in the truck going down the hill to Hemet, en route to San Bernardino, to LAX and Washington. Each mailing was the size of two phone books. The P.O. had to special order stamps for me. The mailings went to the Congressional Post Office where I'm sure they were glad to see them arrive and more glad when they stop coming.
My lawyer and Jewish Grandmother, Ruth, was vexed at the district court. All she said was, "hurry and get your appeal filed." Many weeks later I told Ruth about sending my case to Congress. The only time I saw her grin. She often smiled but I never saw her grin. Cheshire Cat or that grin Jack Nicholson might throw on you. Not the kind of grin you wanted to see from an opponent. She said, "you politicized your lawsuit." She was 80, I was 40 and I used to tease her (not much) "if you need (T)Ruth C. Tachna." The first and only lawyer I ever loved.
OK, all the Petition mail is sent that's going at this time. I'm on day to day "what am I gonna do next" mode. Before hearing from Congress it comes, another olympic revelation. Our Embassies in foreign countries might tell me, if properly approached, what the restriction of the use of olympic was in their particular sovereign State. I was informed that olympic was restricted all over the world so let's see.
I go to the UC Riverside Library where I find information on the State Department. I need the addresses of all Embassies, commercial officers names and such. Thank God for Libraries. The State Department is in charge of our Embassies and Missions abroad, and lot of other things. You can write to an Embassy or Mission and it goes in the diplomatic pouch and you get an answer from a communications officer for the price of a stamp.
Congressional Replies
Now I must be the one who's misinformed because I am told (by some) a) I'm worrying for nothing, b) the law will never be interpreted that way, c) the law is not being interpreted that way, d) don't bother me I'm not your Congressman, e) I don't see any problem with our olympic businesses, f) thanks for nothing, g) I must be crazy (jury's out). In other words the Amateur Sports Act is not intended, and will not be enforced in the manner you are complaining about. Besides, what do you know about the law, anyway, and, you're a pro-se litigant. Couldn't you get a lawyer? However, I received a lot of responses where the Congressmen took me seriously else how could this petition (which went as Cover of the court record) be referred to the Committees of the Judiciary of both bodies. And later, assurances freely given by Senators of the Judiciary Committee.
As a personal lobbyist I am contacting Congress for me and my problem. One man trying (to steer the Titanic with his tongue) to get the attention of a large body of spirits and egos not too concerned about the issues of one solitary music man living in Idyllwild, California, and yet, the power of my court record now had a positive and real effect. It contained more weight than just the pounds. In fact it was a comprehensive record of Olympic use in America. The only record I would add.
Journalists
Ruth suggested I run an ad in the New York Times announcement section soliciting the interest of businesses using Olympic as part of their name. A way to get some people on my side and find some kindred spirits, I thought. OK, so I do and the main responder to this ad is "the press." Now begins interviews, accusals, interrogatories, rebuttals, and the like. I might be the scourge of the planet who had the audacity to sue the USOC. I recorded every conversation and interview that came through my convenient 800# listed in the ad. Most journalists, with a few exceptions, were smarter, had better information, knew the USOC position better, and thought on most occasions they were a better lawyer. A few I dared to meet with me in person, you name the time and place. One of the largest networks had their reporter quiz me while on the other line with the USOC. His main interest was how soon I was going bankrupt. I'd say USOC publicity machine was working well.
One article was printed in the Wall Street Journal after many interviews with the reporter, October 28, 1986, by Andrea Rothman. There's a center box sometimes used in an article to sum up, so to speak, what the article is all about, or the main point, if you will. The box reflected my statement and belief and is as true now as then. "It's a word in the English language; it doesn't belong to Congress or the USOC . . ." (the remainder of the answer was omitted and declared, "it belongs to us." Andrea asks "who's us?" I said "you - and me" - and you no more than me, and certainly no less than me. Another way of saying it (and this was my meaning) would be "It's in the Public Domain," and it's not gonna be removed by legislation or court action no matter how hard they try and change the facts and the truth, but it won't stop the conspiracy from trying.
Chapter 19 Summary Judgment
October 21, 1985 the summary judgement against me was issued. Seventeen (17) days later I have completed my task of copying, assembling, and sending my lawsuit to Congress. Before sending I must construct a Petition (complaint) to precede it. The 'cover story, ' all seven pages. There are many things to consider so the entire 'send' may be suitable for referral to a committee, or sub-committee. Below follows what was sent to two hundred (200) House members and seventy-seven (77) Senators. The Petition was identical in both Houses. I use Senator Kennedy's name on this copy out of respect for him and his family as well as because he and I had written communications re his concern for this issue, especially as it might affect the "Special Olympics" group which was a family endeavor.
UNITED STATES SENATE 99th Congress
From: Leo Oliver LaBranche Jr., A National Citizen, Idyllwild, California
Regarding: Leo Oliver LaBranche Jr. v. United States Olympic Committee
Plaintiff (a non-profit corporation) Defendant
United States District Court Case No. CV 85 481 RG
Central District of California
REASON FOR PETITION: 36 U.S.C. §§ 371 et.seq.., specifically "section 380."
[exclusive commercial rights regarding the word Olympic]
To The Honorable Senator Ted Kennedy
From the State of Massachusetts
Dear Senator Kennedy:
LaBranche v. USOC: A summary judgement ruling was handed down in the Central District of California federal court on October 21, 1985 in favor of the USOC based upon a Ninth Circuit Court of Appeals ruling in regards to the issue of constitutionality of 36 U.S.C. § 380, [all had already been decided by the 9th circuit], the exclusive right of the USOC to control commercial use of the word olympic. The USOC's counterclaim was also granted. The case was originally filed in the U.S. District Court for the District of Columbia on October 5, 1984 [case no. 84 3099] in anticipation of the possibility of unfair treatment in California. The required JS-44C cover sheet stated as a basis for the action, "Unconstitutional Legislation, 36 U.S.C. §§ 371 et. seq." The case was subsequently transferred to the Central District of California where petitioner's [hereinafter referred to as "I" or "me"] business was located. The ruling indicated that six constitutional challenges, as well as other federal law conflicts and violations, need not be heard, because similar constitutional challenges did not survive in a Ninth Circuit Court of Appeals ruling. The Ninth Circuit opinion was referring to was I.O.C. v. San Francisco Arts & Athletics, locally known and hereinafter referred to as the Gay Olympics case. The district judge that ruled my case sat by designation on the Ninth Circuit panel of three judges that made this ruling in the Gay Olympics case. There were three law firms from three cities and a panel of two Federal Appellate Judges (and my judge) v. SFAA and two lady lawyers from the California Chapter of the A.C.L.U..
The USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate their defective law. This plan came into being around 1977 when new efforts were made by amending 36 U.S.C. §§ 371 et. seq. into the "Amateur Sports Act of 1978" to bring forth and advertise their exclusive rights and commercial control over the word Olympic. The addition of 1978 undoubtedly to make it seem like a recent law. I note here that agents for the U.S.O.C.. are diligent in the prosecution of any business they come across that is in a weaker position, or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law. Through recent years there have been decisions, precedents or incidents regarding the following "opponents." Many innocent persons have been hurt and the USOC hides behind Congressional delegated power and blames the resulting injuries on Congress.
1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000] and this undoubtedly wetted their appetite for future actions. The March of Dimes organization reluctantly chose not to litigate [defend] with contributors money. The legislative intent regarding the statute [law] stated in
Senate Report No. S. 2523 of 1950 is as follows:
"These games have only to do with amateur athletics"
2). Paralympics, paralyzed person competing in their own games;
3). Retired persons, elderly persons Golden Age Olympics;
4). Olympics of the Mind, children;
5). Gay Olympics [the four year old Federal court case];
6). In the case Stop the Olympic Prison v. USOC [1980 NY] The USOC was sued and the plaintiff Stop, prevailed. YET the USOC received, solicited, or created an out of context dictum regarding Federal trademark registrations which is now included as a decisional note printed at the bottom of § 380 in the U.S. codes as authority to prevent trademark registrations. Note, the court in this action states that non-profit uses of "olympics" was permitted. This was the principal topic of the action. The USOC did not follow this ruling in the March of Dimes "Reading Olympics" incident, though the authority in Stop, dictates it is permitted to use olympic designations for non-profit purposes.
7). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the USOC will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.
Whether or not the USOC is aware of what their agent's are doing remains to be discovered. The lawyers for the USOC Richard G. Kline of Washington, and others, are completely responsible for this immoral, unethical conduct and reprehensible behavior under the color of Federal law and they further claim Congressional support for their actions. I would add this defective legislation would provide employment for Mr. Kline and his firm for the rest of its life at the expense of all similarly situated, and especially weaker or helpless opponents. This enactment is more defective now than it ever was, except now it is on the way to becoming lethal.
My investigation and documents prove that 46 [+/- 2] states through successive administrations over a period of thirty-five (35) years have denied applying this defective law to their citizens.
The Amateur Sports Act of 1978 conflicts with the following federal laws, excepting Constitutional charges which are attached separately.
A) United States Copyright Law, 17 U.S.C. §§ 101 et. seq. provides protection for over 500 claimants using the word olympic. Every copyright registration is protected outside the U.S. by virtue of the Universal Copyright Convention of 1974 in the contracting states. The U.S. Copyright Office must abide by copyright law, and copyright law simply dictates, "You cannot own a word in the Public Domain," consequently there are 585 registered copyrights using olympic in some way or other since 1946. [exhibit 237 of clerk's record]. My company has three valid copyrights using olympic and I own or hold title to 125 U.S. Copyrights going back twenty (20) years.
B) Trademark Act of 1946 [Lanham Act, 15 U.S.C. §§ 1051 et seq.]. In attached excerpts from the clerk's record the USOC claims and admits that the controlling law in regard to the Amateur Sports Act of 1978 is Trademark Law. The most common of trademark principals is the "no exclusivity, no trademark" rule, and we know 'exclusivity over olympic' cannot now, or ever be, appropriated by the USOC from the public, even though they are making the attempt. In my action I also attacked trademark registration no. 968,566 as invalid. This registration was issued in 1973 and is listed in a "plurality of classes" over which exclusive rights and control are said to exist to the exclusion of all others in each of the classes of goods covered by this registration. The attached clerk's record discloses that there are hundreds of businesses in each of the classes the USOC claims to hold exclusive rights and privileges in. A further ground for invalidating this mark is found in the abandonment provision of the Trademark Act of 1946 [15 U.S.C §§ 1064(c). A further fraud exists regarding the section 8 affidavit required to be filed between the 5th and 6th year of the registration to keep it in force for the full 20 year term. [see excerpts from clerk's record, attached]
C) A trademark is described in section 380 (a)(2) for which a Federal trademark registration exists [no. 980,724]. This mark was used upon Exhibit 231 of the clerk's record which was provided by the Secretary of State of Alabama. This letter requests the states to discriminate between natural and artificial persons and is not exactly a fair or legal use of a trademark [no. 980,724] or a federal law.
D) The sum total of the USOC's acts equal violations of the Sherman Antitrust Act, 15 U.S.C. §§2, 15, and 24 and if one included the International Olympic Committee, a § 1 violation would also exist. The I.O.C. and the USOC perpetrated this fraud upon Congress and the American people during 1949-50. The I.O.C. has been trying for at least thirty-five (35) years to influence the local olympic body in various countries to request legislation from their sovereign for the protection of the interlocked rings as well as the word olympic. The trouble is, is that most olympic committees are a part of the sovereign body. I have letter correspondence from U.S. Commercial Officers at our Embassies abroad and they have provided information indicating the I.O.C. is still in the attempt. Embassies in the following countries were polled to determine the local policy regarding olympic. These exhibits are not included in the attached record because I failed to keep a copy when I appealed to my district judge for a ruling on a DOJ appeal from a refusal for records pursuant to 5 U.S.C. §552(b)(5) [FOIPA Appeal no. 85-0521, Antitrust division] The DOJ appeal filed with the district judge was not not pursued. No need to, the DOJ had already "gifted me."
*Indicate where Olympic Records has been or would export product.
[Records/Tapes, CD's /Video]
KOREA* No Restriction 01.29.85 reply
NEW ZEALAND* No Restriction 02.01.85 reply
DENMARK* No Restriction 02.04.85 reply
PORTUGAL No Restriction 02.05.85 reply
ITALY No Restriction 02.14.85 reply
CANADA* RESTRICTION 02.20.85 reply (policy changed)
AUSTRALIA* No Restriction 02.21.85 reply
COLUMBIA No Restriction 03.O5.85 reply
SPAIN No Restriction 03.12.85 reply
U.K.* No Restriction 04.10.85 reply
BRAZIL* No Restriction 04.11.85 reply
JAPAN* No Restriction 08.07.85 reply
NORWAY (Olympic is for rent) 08.12.85 reply
The U.S. embassy in France and Greece did not reply. And some speculate these two countries have been at odds over "who" owns the word olympic since forever.
A conclusive presumption exists that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law. It is estimated there are Six (6) thousand businesses and corporations (plus or minus 1000) using olympic for the 'purpose of trade' since 1950 listed in the Master Files. Six (6) thousand exceptions to the rule that has been applied to me and may later be applied to others.
I hereby pray to the Congress. My faith in due process in the federal courts in this circuit is diminished to extinction. When I initiated this action there were legal advisors available but none would take on the USOC, and even fewer believed that it was possible to attack their federal law in the courts, especially in a California federal court where the law I attacked is selectively enforced by the State of California against its own citizens. This is California's federal version of due process, equal protection, and right to redress. I can see why lawyers were reluctant. I have appeared 'pro se' throughout the proceedings [18 months since PTO refusal]. I respectfully submit that 36 U.S.C. §§ 371 et. seq. [Amateur Sports Act of 1978] is a California law which is about to spread its plague to the other states in the Ninth Circuit and thereafter the other circuits. Many judges, such as the one in my case, would like to see their name in publication upholding this defective instrument with their own interpretation or construction in the name of amateur athletics and their own historical perspectives.
If this legislation is upheld I will lose my (1) tradename, (2) business, (3) 4 years of effort, (4) 3 years gratis effort by several directors, (5) $125,000. at least in out of pocket, (6) the costs of this action, (7) USOC's attorney fees, (8) a pending federal trademark and design which is as suggestive and as strong a mark as any mark now in existence in the entire [music] record business.
Note: Corporations titled Olympic Records have been in existence since 1921 [evidence secured from Library of Congress], the same year the U.S. Olympic Association was formed. This was a few years after sound (wire) recording was invented by Thomas Edison. Every Olympic Records company or corporation formed during the past 64 years has closed, but to close my corporation and destroy my stock will require something incredibly stronger that a federal judge who said, "I know all about these things," because he once sat on the ninth circuit panel and ruled against the "Gay Olympics." Eighteen months of seventy (60) hour weeks culminating in a 2.5 minutes of due process. I said nothing, and in some ways I thank him for revealing how deep the stench of political influence permeates California and I have never received such an unfair blow in my life. [As if to say, no merit to my claims]. I was defeated before my case was transferred from the District of Columbia. The judge I was assigned to was in charge of all cases between the USOC, IOC, LAOOC and any complainer. I believe this is known as judicial economy.
The Washington Federal Judge indicated that I should have sued the PTO.. That would have stopped the transfer to California but I chose not to sue the United States and the Department of Commerce out of respect for my registration and my country. I also knew my hands would be full with the defective law but I thought the court would be fair, but I've tasted California federal justice.
A person with so many injuries must have remedies, else the injuries may become permanent, fatal, and spread. These injuries were caused by a person(s) scheme or plan to take advantage of the American people in the name of Congress. I believe that will no longer be possible as of the date this appeal is received. The following remedies are submitted in the event that one or more remedies fit the occasion. Some are simple, lethal, and quick, followed by an investigation I am requesting pursuant to Watkins.
A) Repeal statute (law), never subject to re-enactment. Order the return of he unjust enrichment appropriated from the March of Dimes organization with interests.
B) Apply for or order, an indefinite stay of my action in the Ninth Circuit Court of Appeals until an investigation into the activities of the directors, officers and agents, specifically one Mr. Richard G. Kline and his immediate associates, under color of defective federal law
C) Repeal statute, subject to re-enactment after a Congressional investigation
into the activities of the directors, officers, and agents.
Investigate the following defects:
i) section 371, present directors are not listed.
ii) section 374 (13) has been negated on many occasions.
iii) section 375(b) is violated. This section states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the charter.
iv) section 380 should be burned. The USOC does not own olympic, olympiad, and the word "theatrical" should be removed from the language in this section. An interpretive and directive note printed after section 380 at 203 is a further insult to the U.S. Codes and is an insult to the Judge who ruled on the issue who, I am sure, had no intention ruling in favor of the plaintiff Stop and also being gratuitous to the defendant USOC by comments regarding the applicability of this case to trademark prohibitions. Both parties seemed to prevail in this action according to the USOC.
v) section 384 regards appropriations and there should be no further appropriations to this body, with or without federal law, because they will never need financial assistance for as long as the organization exists. The surplus from the 1984 games is in the hundreds of millions of dollars which, by my estimate, is sufficient to finance the games until 2020 if the Committee never raised another dime. Twenty (20) million dollars of this surplus belongs to children riddled with birth defects. Undoubtedly this is the true and proper function of a patriotic organization clothed in Federal authority implemented by predator/scavenger agents, published in the United States Codes.
vi) A description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons.
vii) A network television broadcast entitled "Crossroads" aired on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a segment titled the "Olympic Essay." Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic, their exclusive property.
viii) The corporation is responsible for the acts of its agents and the directors are responsible for the acts of the corporation, therefore all are guilty of Sherman Act §§ 2, 15, and 24.
I subject myself to any form or investigation or inquiry the Congress would desire. I was born in New Hampshire (1946), grew up in Florida (8 years), lived in Georgia (ten years), and finally arrived in the golden state (1978). If this law survives I am certain that I am ruined.
In Congress I trust or I fall. I vow until my last dime is spent, my last security exhausted, and to the liquidation of every tangible and intangible asset I have at my disposal, I will continue to fight. I will not be made an example of to the injury of other similarly situated olympic businesses and corporations such as mine.
In Congress I trust, as I now turn my attention to my Ninth Circuit appeal. Notice of Appeal to be filed before November 20, 1985.
Leo O. LaBranche Jr., a National Citizen.
President, Olympic Records, Inc.
Terminus of Petition - This was sent along with the voluminous record to 77 Senators and
200 House Members. Petition noted in the Congressional Record (99th Congress)
02.05.86 - Pet. 0274 and referred to Judiciary Committees of both Houses.
Chapter 20 The Olympic Record
I need to contact all olympic businesses in my case record. Now that I have a petition lodged and assigned to the Judiciary Committees I must get the word out about getting the word back. I devised a method by publishing what follows to all similarly situated, whether they knew it, agreed to it, liked it, or not. I constructed the Olympic Record, the newsletter of Olympic Records, Incorporated. That must be illegal. Many contacted were not overjoyed to hear from me. But it did inform them of what was transpiring in the courts and now possibly in the Congress. This would ultimately affect them though there were many many disbelievers. I wasn't here to convince them, who is one man to do that. I heard back from all I needed to. At the end of the Olympic Record, I announced the future formation of a registered lobby to be called, the NATIONAL ASSOCIATION OF OLYMPIC BUSINESSES (NAOB). A non-profit registered lobby, authorized by Congress, also by the I.R.S. as a 501 c(6), to be headed by me so all future contacts with Congress would come from us, and not from a lone litigant. I had been doing this for over eighteen months and I am tired of doing it alone.
The 99th Congress has already accepted as received my Petition, Complaint and mountains of evidence so whoever may join my new lobby group is already covered under my first personal petition to Congress. They're already present and accounted for.
Several paragraphs in the "Olympic Record" are reprinted from the Petition, redundancy is required. Skip over those paragraphs if you like and go to Chapter 21.
Sent to 2,500 entities using the word olympic in their business.
All businesses present in the court record in, and as, evidence.
BACKGROUND of OLYMPIC RECORDS
The Record Label
During 1982 Olympic Records company was organized in North Hollywood, California. After investigation it was found there existed no entity using the tradename in the United States at that time. Companies and corporations using this distinctive name go back to 1921. Twenty years as studio musician, music arranger & orchestrator, record producer, and music publisher encouraged my belief that Olympic Records could succeed.
We attempted to incorporate the business in California and were refused because of the Amateur Sports Act of 1978. This was our first notice of the olympic law. New York was contacted and it was found that it was permitted to incorporate there, and we did so Jan. 5, 1983. The next step in protection of the trademark (company name) was the Patent & Trademark Office. After engaging in interstate and foreign commerce for one year an application was made for a Federal trademark registration for the company trademark and design. The application was refused pursuant to section 380 of the Amateur Sports Act of 1978 which prohibits use of the word olympic for the purpose of trade.
* In 1978 numerous Congressmen registered their opposition to the U.S.O.C. receiving any taxpayers funds and some Congressmen did not want the U.S.O.C. [amateur athletics] to be in any way associated with the Federal government.
(a) 350 pages of documents obtained from 46 states and 9 Federal agencies, these documents consisted of Certifications of good standing and computer print-outs of records in the custody of the State or Agency; [Federal records obtained through the Freedom of Information and Privacy Act].
(b) most states revealed their policy regarding the applicability of this law to their citizens, forty-six (46), plus or minus two, denied the enforcement of the Amateur Sports Act of 1978, § 380;
(c) a video copy of a program subpoenaed from C.B.S. News which broadcasted Aug. 1, 1984 [opposite the games] on which the U.S.O.C. threatens to sue all persons who use the word olympic without their permission; (the broadcast, along with the PTO refusal, were deciding factors in initiating the anticipatory action challenging the law) and,
(d) compilations from various directories which put the number of olympic businesses formed since 1950 in the thousands, one state alone had 600.
I could not convince a Federal judge in Los Angeles that the Olympic Committee's charter was defective, so, on with the process in the U. S. Court of Appeals for the Ninth Circuit where a panel of three judges will decide. A stay was granted until late June when the opening arguments are due. A related case, IOC & USOC vs San Francisco Arts & Athletics [Gay Olympics case] has not been finally determined. In this four year case the IOC and USOC brought action against the SFAA organization for calling their games olympics.
EXCERPTS FROM PETITION
Page 2, Head II
Scheme-Plan-Design-Conspiracy
The USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate section 380 of their defective law. I note here that agents for the U.S.O.C. are diligent in the prosecution of any business they come across that is in a weaker position or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law.
1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000.ºº]. The March of Dimes organization reluctantly chose not to litigate [defend] with contributors money due to ethical, moral, and publicity considerations. The legislative intent regarding the statute [law] stated in Senate Report No. S. 2523 of the 1950 Congress is as follows:
"These games have only to do with amateur athletics"
2). Paralympics, paralyzed person competing in their own games;
3). Retired persons, elderly persons competing in their own games;
4). Olympics of the Mind, children;
5). Gay Olympics [the four year old Federal court case] ;
6). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the U.S.O.C. will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.
EXCERPTS FROM PETITION
Page 3, Head III
The lawyers for the U.S.O.C. (RICHARD G. KLINE & CO.), Washington, D.C. are completely responsible for this immoral, reprehensible, and unethical conduct and scheme under the color of Federal law and they claim recent congressional support for their actions. I would add that this defective law would provide employment for Mr. Kline and for the rest of his life especially against weaker or helpless opponents.
Page 4, Head V
My investigation and documents conclude that 46 [+/- 2] states, through successive administrations over a period of thirty-five years have denied applying this interpretation of law to their businesses or citizens, even after instructed to by the USOC.
Page 5, ¶ D
I have letter correspondence from U. S. State Department through commercial officers at our Embassies abroad and they were polled to determine the local policy regarding olympic. *Indicates countries where OLYMPIC RECORDS has been or would likely export product. [Phonograph records & tapes, compact discs and videos, film, other digital media of any make or description.]
*Korea, *New Zealand, *Denmark, *Italy, *United Kingdom, *Australia, *Columbia, *Spain, *Brazil, and *Japan have no restrictions upon use of the word in their respective public domains. Only Canada and Norway have restrictions upon use of olympic. No replies were received from our embassies in France or Greece. Canada later changed it's policy after the NOAB was legally formed and licensed by Congress to act as a 501(c)(6) lobbying organization and contacted Canadian olympic businesses who took it straight to Parliament where the issue was addressed.
Page 6, Head VII
A conclusive presumption exists (and is not defeat-able) that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number [EIN] in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law. It is estimated there are five (5) thousand businesses and corporations using olympic for the 'purpose of trade' since 1950. Five thousand exceptions to the rule that has been applied to me and may later be applied to others. All existing "Olympic" businesses pay taxes and yet are still prohibited from full legal status, in the federal sense, as long as this law or section of law exists. Also, one may not obtain a Federally registered trademark for protection should they engage in interstate or foreign commerce. A Federal registration or status may mean little to some but this record and effort demonstrates what value we place upon it.
Page 9, Head IX, Remedies
The following remedies are hereby submitted [to Congress] in the event . .
A) Repeal statute (law), never subject to re-enactment.
B) Repeal statute, subject to re-enactment after a Congressional investigation
into the activities of the directors, officers, and agents.
Investigate the following defects:
a) section 371, present directors are not listed.
b) section 374 (13) has been negated on many occasions.
c) section 375(b) is violated.*
d) section 380 should be burned. The USOC does not own olympic, olympiad . . .
A description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons. This trademark is more invalid then anything ever registered with the PTO since the beginning of that office.
* § 375(b) states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the entire charter. It violates every state constitution.
Page 10
A network television broadcast entitled "Crossroads" broadcasted on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a portion titled the "Olympic Essay." Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic for the purpose of trade, the exclusive property of the defendant.
Revised Amateur Sports Act - Petition 373 - Proposed Amendment *
During January of 1986 I submitted a 'proposed' introductory amendment sent to the 100th Congress to replace section 380 of the Amateur Sports Act of 1978 and was submitted and lodged with all Members of Congress. We have since heard from the Committee on the Judiciary of both Houses. Senator Strom Thurmond, [SC] the chairman of the Senate Judiciary Committee and Representative Peter W. Rodino, Jr., [NJ] chairman of the House Judiciary Committee have responded. (Petition 0373 noted in Congressional Record)
Participate in the Legislative Process
This is a solicitation for views or statements to be directed to the Congress. We are forming the "National Association of Olympic Businesses" to lobby the Congress as a group. To date no businesses have been contacted. You may have views that your Congressman would like to hear. Please make these views known to the Judiciary Committee of the SENATE and the Judiciary Committee of the HOUSE.
Refer to the AMATEUR SPORTS ACT OF 1978 and/or to Petitions
House numbers 0274 & 0373.
* As was sarcastically suggested by a disgruntled representative.
Help Get The Word Back,
____________________________________
LEO O. LABRANCHE, JR.
PRESIDENT, OLYMPIC RECORDS, INC.
NEWSLETTER OF THE OLYMPIC LOBBY
Part V to follow
Chapter 18 Appeals Court Thirty days, please
I couldn't face the appeals process though I started it. Through Louis M. Brown,* I locate and retain Richard G. Perkins to handle what was going to be an up and down appeals process. Mr. Perkins did a fine job officiating for what ended being meaningless, no reflection on him. One appeal from the district court; two certiorari petitions to join SFAA and get our issues before the Court; supplemental arguments; as well as his appearance at the 9th Circuit hearing. He did very well - but as mentioned it didn't matter . . . Circumstances were going in the hollywood tunnel and never come out. Meanwhile I can hardly breathe. This conspiratorial, prejudicial, repugnant, and illegal treatment is telling me something. Now with Mr. Perkins writing the appeal - I can do what?
* Louis M. Brown is known as the Father of Preventative Law and it is 1986. He was 'of counsel' for my corporation attorneys (S.B.G. & J.). He heard from the firm of my legal attempts and was interested because I appeared as my own attorney, a term known as "pro se" and sometimes "in pro per." We talked several times when I was at the office and he was always jovial as if something good had happened. He said, "Your situation would make a very interesting book." His legacy lingers because he suggested the story be written and titled, The Pro-Se Litigant. I honor his suggestion and credit him with the title. I couldn't write this story 22 years ago when he suggested it. Like wine it has aged as I have but the story is the same one. I knew not who I was talking to back in 1986. See below,
National Center for Preventative Law (pasted in)
*LOUIS M. BROWN, distinguished emeritus professor of law at USC and a former president of the Beverly Hills Bar Association. A practicing attorney whose career spanned six decades, widely known as the inventor of, and chief spokesman for, the legal specialization of “preventive law.” Recalling the genesis of preventive law, Brown said in a 1979 interview, “I first used the term in 1950, after observing that many of my clients could have avoided their legal difficulties.” Preventive law is analogous to preventive medicine. “The time to see an attorney is when you’re legally healthy – certainly before the advent of litigation and prior to the time legal trouble occurs.” “Professor Brown made exceptional contributions toward improving legal education, enhancing the legal profession and educating the community,” said Scott H. Bice, dean of the USC Law School. “His concern for the betterment of society was evidenced by his strong dedication to popularizing preventive-law concepts and making them available not only to institutions and wealthy clients but to ordinary clients as well.” Thank you, Mr. Brown, for the inspiration and suggestion for this book as well as it's title.
Private Lobbyist
A private person (individual) does not have to register with the Clerk of the House to become a lobbyist. You or I have the same right and that is 'the right to approach Congress,' whether an individual rep. or the whole club at once. I believe it's a good club.
NOW - I have no corporation or company, no music, emotional exhaustion, no work, and no future as far as I know at the moment. The federal court has just ...... on me, and it stinks on top of the hurt. My remaining capital would have been Year 2 of Olympic Records operations. I am still fighting for Olympic Records so what's next? My 9th circuit appeal will undoubtedly go bad because a three judge panel has now ruled against the Gay Olympics appeal and SFAA is motioning for a rehearing en-banc (issue before the whole nine judge court). This motion is seldom granted. In some ways it is legal procedure to do the act before you can no longer claim the right. SFAA was not doing this for procedural reasons. It was one more step to take before applying for certiorari at the U. S. Supreme Court, which they were soon to do.
What to do?
I'll share a belief. Everyone has an IDEA in a billionth of a second and most people have no earthly realization that manifesting that good, right, creative, and perfect idea could take your entire life, literally and figuratively. That billionth of a second just stole your life because the IDEA appealed to your sense of self-importance. The IDEA is the siren's song and the sea is what you have to work with. By chasing the wrong IDEA the precious time spent executing the IDEA is what is lost. You pay dearly with time that might have been spent having a life instead of chasing one. I'm guilty by association. Looking at my beloved complaint (the house of certifications) it comes to me. I have another IDEA.
Take the Case goes to Congress
I'll send my lawsuit to Congress! After all my entire action is about the Constitutionality of a law passed by Congress. It's the interpretation of the law that's unconstitutional and the law was NEVER meant to be applied in that manner, NEVER. Congress was made aware of this and they eventually speak. This is not the interpretation intended, according to them. But since they enacted this law that required me to seek redress and undress in one of the three branches of government (and we know how it's going) I'll send the whole thing to Congress. I don't mean my congressman, I have none. (later on it would have been Sonny Bono* from Palm Springs). The entire Congress made this law and the entire Congress is going to get it. That's a concept that escaped many. I called the clerk of the House and ordered the members list, received it, did a quick read and decided who. I considered a Congressman's role and seniority in the Hallowed Halls. I came up with 200 members of the House and 77 Senators that were going to receive the Petition, Complaint, and Evidence.
* In 1971 I was playing trumpet with Paul Revere and the Raiders on tour and we were playing state fairs and concerts throughout the mid-west. Sometimes thirty thousand fair goers would fill the stadium type venues. Occasionally we would be in the middle of the stock car track. Sonny (Bono) and Cher were one the groups that were doing several dates with us. Their daughter, Chastity, was about 2. Paul Revere needed trumpets (horn section) because their singer, Mark Lindsey, recently had two hit songs in succession on his own. Silver Bird and Arizona written by an fine Australian songwriter. The songs were recorded in Hollywood and arranged by Artie Butler. This was prime Hollywood arranging, Artie was one of the best. Performing these charts took skill, stamina, and sometimes, courage. Playing these arrangements with loud amplifiers everywhere made the job extra taxing. Basically, you blew your brains out. Traveling scale was about $900 a week a man, two trumpets and trombone. A few hours before the first concert appearance I exited my motel room and walked directly into a frisbee hitting my square in the mouth, busting both top and bottom lip. Blood everywhere, but on with the show, that was a hard night.
Back to Congress
Imagine 277 copies of an 8 inch record of over 555 pages each. It took 17 days, non-stop. Seventeen days after I was ruled against in the court. I had 40 copier paper boxes full of the material to assemble and hole punch. Each had front covers of matte paper and so on. I have no assistant other than T.O. and he got tired of helping. He didn't like the smell of copy paper and neither did I. It smelled like boxes of dead something (was that Olympic Records?). 555 pages times 277 sets certified documents originating from all the states.
Another aside: Certifications in many cases are quite attractive. They have the color artwork created for it by the state (flag, state outline, picture) and they have ribbons and foil seals. "TO WHOM THESE PRESENTS COME" many would announce. I had a colorful lawsuit. Ten to fifteen bucks a piece for certifications and it would have made great wallpaper for the suicide chamber. There were not going to be color copies, everything looked a drab unimportant grey. The poor Post Office. I would mail 35 congressmen at a time. The P.O. received these mailings at the back door and I would bypass the Idyllwild P.O. and put them in the truck going down the hill to Hemet, en route to San Bernardino, to LAX and Washington. Each mailing was the size of two phone books. The P.O. had to special order stamps for me. The mailings went to the Congressional Post Office where I'm sure they were glad to see them arrive and more glad when they stop coming.
My lawyer and Jewish Grandmother, Ruth, was vexed at the district court. All she said was, "hurry and get your appeal filed." Many weeks later I told Ruth about sending my case to Congress. The only time I saw her grin. She often smiled but I never saw her grin. Cheshire Cat or that grin Jack Nicholson might throw on you. Not the kind of grin you wanted to see from an opponent. She said, "you politicized your lawsuit." She was 80, I was 40 and I used to tease her (not much) "if you need (T)Ruth C. Tachna." The first and only lawyer I ever loved.
OK, all the Petition mail is sent that's going at this time. I'm on day to day "what am I gonna do next" mode. Before hearing from Congress it comes, another olympic revelation. Our Embassies in foreign countries might tell me, if properly approached, what the restriction of the use of olympic was in their particular sovereign State. I was informed that olympic was restricted all over the world so let's see.
I go to the UC Riverside Library where I find information on the State Department. I need the addresses of all Embassies, commercial officers names and such. Thank God for Libraries. The State Department is in charge of our Embassies and Missions abroad, and lot of other things. You can write to an Embassy or Mission and it goes in the diplomatic pouch and you get an answer from a communications officer for the price of a stamp.
Congressional Replies
Now I must be the one who's misinformed because I am told (by some) a) I'm worrying for nothing, b) the law will never be interpreted that way, c) the law is not being interpreted that way, d) don't bother me I'm not your Congressman, e) I don't see any problem with our olympic businesses, f) thanks for nothing, g) I must be crazy (jury's out). In other words the Amateur Sports Act is not intended, and will not be enforced in the manner you are complaining about. Besides, what do you know about the law, anyway, and, you're a pro-se litigant. Couldn't you get a lawyer? However, I received a lot of responses where the Congressmen took me seriously else how could this petition (which went as Cover of the court record) be referred to the Committees of the Judiciary of both bodies. And later, assurances freely given by Senators of the Judiciary Committee.
As a personal lobbyist I am contacting Congress for me and my problem. One man trying (to steer the Titanic with his tongue) to get the attention of a large body of spirits and egos not too concerned about the issues of one solitary music man living in Idyllwild, California, and yet, the power of my court record now had a positive and real effect. It contained more weight than just the pounds. In fact it was a comprehensive record of Olympic use in America. The only record I would add.
Journalists
Ruth suggested I run an ad in the New York Times announcement section soliciting the interest of businesses using Olympic as part of their name. A way to get some people on my side and find some kindred spirits, I thought. OK, so I do and the main responder to this ad is "the press." Now begins interviews, accusals, interrogatories, rebuttals, and the like. I might be the scourge of the planet who had the audacity to sue the USOC. I recorded every conversation and interview that came through my convenient 800# listed in the ad. Most journalists, with a few exceptions, were smarter, had better information, knew the USOC position better, and thought on most occasions they were a better lawyer. A few I dared to meet with me in person, you name the time and place. One of the largest networks had their reporter quiz me while on the other line with the USOC. His main interest was how soon I was going bankrupt. I'd say USOC publicity machine was working well.
One article was printed in the Wall Street Journal after many interviews with the reporter, October 28, 1986, by Andrea Rothman. There's a center box sometimes used in an article to sum up, so to speak, what the article is all about, or the main point, if you will. The box reflected my statement and belief and is as true now as then. "It's a word in the English language; it doesn't belong to Congress or the USOC . . ." (the remainder of the answer was omitted and declared, "it belongs to us." Andrea asks "who's us?" I said "you - and me" - and you no more than me, and certainly no less than me. Another way of saying it (and this was my meaning) would be "It's in the Public Domain," and it's not gonna be removed by legislation or court action no matter how hard they try and change the facts and the truth, but it won't stop the conspiracy from trying.
Chapter 19 Summary Judgment
October 21, 1985 the summary judgement against me was issued. Seventeen (17) days later I have completed my task of copying, assembling, and sending my lawsuit to Congress. Before sending I must construct a Petition (complaint) to precede it. The 'cover story, ' all seven pages. There are many things to consider so the entire 'send' may be suitable for referral to a committee, or sub-committee. Below follows what was sent to two hundred (200) House members and seventy-seven (77) Senators. The Petition was identical in both Houses. I use Senator Kennedy's name on this copy out of respect for him and his family as well as because he and I had written communications re his concern for this issue, especially as it might affect the "Special Olympics" group which was a family endeavor.
UNITED STATES SENATE 99th Congress
PETITION
"EMERGENCY APPEAL FOR NOTICE AND ASSISTANCE"
"EMERGENCY APPEAL FOR NOTICE AND ASSISTANCE"
From: Leo Oliver LaBranche Jr., A National Citizen, Idyllwild, California
Regarding: Leo Oliver LaBranche Jr. v. United States Olympic Committee
Plaintiff (a non-profit corporation) Defendant
United States District Court Case No. CV 85 481 RG
Central District of California
REASON FOR PETITION: 36 U.S.C. §§ 371 et.seq.., specifically "section 380."
[exclusive commercial rights regarding the word Olympic]
Authority for this Petition (if necessary) is pursuant to National Citizenship
and
WATKINS v. UNITED STATES
354 U.S. 178, 1 L Ed 2d 1273, 1284, 77 S. Ct. 1173 (1957)
and
WATKINS v. UNITED STATES
354 U.S. 178, 1 L Ed 2d 1273, 1284, 77 S. Ct. 1173 (1957)
To The Honorable Senator Ted Kennedy
From the State of Massachusetts
Dear Senator Kennedy:
I
BackgroundLaBranche v. USOC: A summary judgement ruling was handed down in the Central District of California federal court on October 21, 1985 in favor of the USOC based upon a Ninth Circuit Court of Appeals ruling in regards to the issue of constitutionality of 36 U.S.C. § 380, [all had already been decided by the 9th circuit], the exclusive right of the USOC to control commercial use of the word olympic. The USOC's counterclaim was also granted. The case was originally filed in the U.S. District Court for the District of Columbia on October 5, 1984 [case no. 84 3099] in anticipation of the possibility of unfair treatment in California. The required JS-44C cover sheet stated as a basis for the action, "Unconstitutional Legislation, 36 U.S.C. §§ 371 et. seq." The case was subsequently transferred to the Central District of California where petitioner's [hereinafter referred to as "I" or "me"] business was located. The ruling indicated that six constitutional challenges, as well as other federal law conflicts and violations, need not be heard, because similar constitutional challenges did not survive in a Ninth Circuit Court of Appeals ruling. The Ninth Circuit opinion was referring to was I.O.C. v. San Francisco Arts & Athletics, locally known and hereinafter referred to as the Gay Olympics case. The district judge that ruled my case sat by designation on the Ninth Circuit panel of three judges that made this ruling in the Gay Olympics case. There were three law firms from three cities and a panel of two Federal Appellate Judges (and my judge) v. SFAA and two lady lawyers from the California Chapter of the A.C.L.U..
II
Scheme - Plan - Design - ConspiracyThe USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate their defective law. This plan came into being around 1977 when new efforts were made by amending 36 U.S.C. §§ 371 et. seq. into the "Amateur Sports Act of 1978" to bring forth and advertise their exclusive rights and commercial control over the word Olympic. The addition of 1978 undoubtedly to make it seem like a recent law. I note here that agents for the U.S.O.C.. are diligent in the prosecution of any business they come across that is in a weaker position, or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law. Through recent years there have been decisions, precedents or incidents regarding the following "opponents." Many innocent persons have been hurt and the USOC hides behind Congressional delegated power and blames the resulting injuries on Congress.
1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000] and this undoubtedly wetted their appetite for future actions. The March of Dimes organization reluctantly chose not to litigate [defend] with contributors money. The legislative intent regarding the statute [law] stated in
Senate Report No. S. 2523 of 1950 is as follows:
"These games have only to do with amateur athletics"
2). Paralympics, paralyzed person competing in their own games;
3). Retired persons, elderly persons Golden Age Olympics;
4). Olympics of the Mind, children;
5). Gay Olympics [the four year old Federal court case];
6). In the case Stop the Olympic Prison v. USOC [1980 NY] The USOC was sued and the plaintiff Stop, prevailed. YET the USOC received, solicited, or created an out of context dictum regarding Federal trademark registrations which is now included as a decisional note printed at the bottom of § 380 in the U.S. codes as authority to prevent trademark registrations. Note, the court in this action states that non-profit uses of "olympics" was permitted. This was the principal topic of the action. The USOC did not follow this ruling in the March of Dimes "Reading Olympics" incident, though the authority in Stop, dictates it is permitted to use olympic designations for non-profit purposes.
7). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the USOC will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.
III
AgentsWhether or not the USOC is aware of what their agent's are doing remains to be discovered. The lawyers for the USOC Richard G. Kline of Washington, and others, are completely responsible for this immoral, unethical conduct and reprehensible behavior under the color of Federal law and they further claim Congressional support for their actions. I would add this defective legislation would provide employment for Mr. Kline and his firm for the rest of its life at the expense of all similarly situated, and especially weaker or helpless opponents. This enactment is more defective now than it ever was, except now it is on the way to becoming lethal.
IV
The "United" StatesMy investigation and documents prove that 46 [+/- 2] states through successive administrations over a period of thirty-five (35) years have denied applying this defective law to their citizens.
V
Federal Law ConflictsThe Amateur Sports Act of 1978 conflicts with the following federal laws, excepting Constitutional charges which are attached separately.
A) United States Copyright Law, 17 U.S.C. §§ 101 et. seq. provides protection for over 500 claimants using the word olympic. Every copyright registration is protected outside the U.S. by virtue of the Universal Copyright Convention of 1974 in the contracting states. The U.S. Copyright Office must abide by copyright law, and copyright law simply dictates, "You cannot own a word in the Public Domain," consequently there are 585 registered copyrights using olympic in some way or other since 1946. [exhibit 237 of clerk's record]. My company has three valid copyrights using olympic and I own or hold title to 125 U.S. Copyrights going back twenty (20) years.
B) Trademark Act of 1946 [Lanham Act, 15 U.S.C. §§ 1051 et seq.]. In attached excerpts from the clerk's record the USOC claims and admits that the controlling law in regard to the Amateur Sports Act of 1978 is Trademark Law. The most common of trademark principals is the "no exclusivity, no trademark" rule, and we know 'exclusivity over olympic' cannot now, or ever be, appropriated by the USOC from the public, even though they are making the attempt. In my action I also attacked trademark registration no. 968,566 as invalid. This registration was issued in 1973 and is listed in a "plurality of classes" over which exclusive rights and control are said to exist to the exclusion of all others in each of the classes of goods covered by this registration. The attached clerk's record discloses that there are hundreds of businesses in each of the classes the USOC claims to hold exclusive rights and privileges in. A further ground for invalidating this mark is found in the abandonment provision of the Trademark Act of 1946 [15 U.S.C §§ 1064(c). A further fraud exists regarding the section 8 affidavit required to be filed between the 5th and 6th year of the registration to keep it in force for the full 20 year term. [see excerpts from clerk's record, attached]
C) A trademark is described in section 380 (a)(2) for which a Federal trademark registration exists [no. 980,724]. This mark was used upon Exhibit 231 of the clerk's record which was provided by the Secretary of State of Alabama. This letter requests the states to discriminate between natural and artificial persons and is not exactly a fair or legal use of a trademark [no. 980,724] or a federal law.
D) The sum total of the USOC's acts equal violations of the Sherman Antitrust Act, 15 U.S.C. §§2, 15, and 24 and if one included the International Olympic Committee, a § 1 violation would also exist. The I.O.C. and the USOC perpetrated this fraud upon Congress and the American people during 1949-50. The I.O.C. has been trying for at least thirty-five (35) years to influence the local olympic body in various countries to request legislation from their sovereign for the protection of the interlocked rings as well as the word olympic. The trouble is, is that most olympic committees are a part of the sovereign body. I have letter correspondence from U.S. Commercial Officers at our Embassies abroad and they have provided information indicating the I.O.C. is still in the attempt. Embassies in the following countries were polled to determine the local policy regarding olympic. These exhibits are not included in the attached record because I failed to keep a copy when I appealed to my district judge for a ruling on a DOJ appeal from a refusal for records pursuant to 5 U.S.C. §552(b)(5) [FOIPA Appeal no. 85-0521, Antitrust division] The DOJ appeal filed with the district judge was not not pursued. No need to, the DOJ had already "gifted me."
*Indicate where Olympic Records has been or would export product.
[Records/Tapes, CD's /Video]
KOREA* No Restriction 01.29.85 reply
NEW ZEALAND* No Restriction 02.01.85 reply
DENMARK* No Restriction 02.04.85 reply
PORTUGAL No Restriction 02.05.85 reply
ITALY No Restriction 02.14.85 reply
CANADA* RESTRICTION 02.20.85 reply (policy changed)
AUSTRALIA* No Restriction 02.21.85 reply
COLUMBIA No Restriction 03.O5.85 reply
SPAIN No Restriction 03.12.85 reply
U.K.* No Restriction 04.10.85 reply
BRAZIL* No Restriction 04.11.85 reply
JAPAN* No Restriction 08.07.85 reply
NORWAY (Olympic is for rent) 08.12.85 reply
The U.S. embassy in France and Greece did not reply. And some speculate these two countries have been at odds over "who" owns the word olympic since forever.
VI
Conclusive PresumptionA conclusive presumption exists that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law. It is estimated there are Six (6) thousand businesses and corporations (plus or minus 1000) using olympic for the 'purpose of trade' since 1950 listed in the Master Files. Six (6) thousand exceptions to the rule that has been applied to me and may later be applied to others.
VII
Personal - PrayerI hereby pray to the Congress. My faith in due process in the federal courts in this circuit is diminished to extinction. When I initiated this action there were legal advisors available but none would take on the USOC, and even fewer believed that it was possible to attack their federal law in the courts, especially in a California federal court where the law I attacked is selectively enforced by the State of California against its own citizens. This is California's federal version of due process, equal protection, and right to redress. I can see why lawyers were reluctant. I have appeared 'pro se' throughout the proceedings [18 months since PTO refusal]. I respectfully submit that 36 U.S.C. §§ 371 et. seq. [Amateur Sports Act of 1978] is a California law which is about to spread its plague to the other states in the Ninth Circuit and thereafter the other circuits. Many judges, such as the one in my case, would like to see their name in publication upholding this defective instrument with their own interpretation or construction in the name of amateur athletics and their own historical perspectives.
If this legislation is upheld I will lose my (1) tradename, (2) business, (3) 4 years of effort, (4) 3 years gratis effort by several directors, (5) $125,000. at least in out of pocket, (6) the costs of this action, (7) USOC's attorney fees, (8) a pending federal trademark and design which is as suggestive and as strong a mark as any mark now in existence in the entire [music] record business.
Note: Corporations titled Olympic Records have been in existence since 1921 [evidence secured from Library of Congress], the same year the U.S. Olympic Association was formed. This was a few years after sound (wire) recording was invented by Thomas Edison. Every Olympic Records company or corporation formed during the past 64 years has closed, but to close my corporation and destroy my stock will require something incredibly stronger that a federal judge who said, "I know all about these things," because he once sat on the ninth circuit panel and ruled against the "Gay Olympics." Eighteen months of seventy (60) hour weeks culminating in a 2.5 minutes of due process. I said nothing, and in some ways I thank him for revealing how deep the stench of political influence permeates California and I have never received such an unfair blow in my life. [As if to say, no merit to my claims]. I was defeated before my case was transferred from the District of Columbia. The judge I was assigned to was in charge of all cases between the USOC, IOC, LAOOC and any complainer. I believe this is known as judicial economy.
The Washington Federal Judge indicated that I should have sued the PTO.. That would have stopped the transfer to California but I chose not to sue the United States and the Department of Commerce out of respect for my registration and my country. I also knew my hands would be full with the defective law but I thought the court would be fair, but I've tasted California federal justice.
VIII
RemediesA person with so many injuries must have remedies, else the injuries may become permanent, fatal, and spread. These injuries were caused by a person(s) scheme or plan to take advantage of the American people in the name of Congress. I believe that will no longer be possible as of the date this appeal is received. The following remedies are submitted in the event that one or more remedies fit the occasion. Some are simple, lethal, and quick, followed by an investigation I am requesting pursuant to Watkins.
A) Repeal statute (law), never subject to re-enactment. Order the return of he unjust enrichment appropriated from the March of Dimes organization with interests.
B) Apply for or order, an indefinite stay of my action in the Ninth Circuit Court of Appeals until an investigation into the activities of the directors, officers and agents, specifically one Mr. Richard G. Kline and his immediate associates, under color of defective federal law
C) Repeal statute, subject to re-enactment after a Congressional investigation
into the activities of the directors, officers, and agents.
Investigate the following defects:
i) section 371, present directors are not listed.
ii) section 374 (13) has been negated on many occasions.
iii) section 375(b) is violated. This section states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the charter.
iv) section 380 should be burned. The USOC does not own olympic, olympiad, and the word "theatrical" should be removed from the language in this section. An interpretive and directive note printed after section 380 at 203 is a further insult to the U.S. Codes and is an insult to the Judge who ruled on the issue who, I am sure, had no intention ruling in favor of the plaintiff Stop and also being gratuitous to the defendant USOC by comments regarding the applicability of this case to trademark prohibitions. Both parties seemed to prevail in this action according to the USOC.
v) section 384 regards appropriations and there should be no further appropriations to this body, with or without federal law, because they will never need financial assistance for as long as the organization exists. The surplus from the 1984 games is in the hundreds of millions of dollars which, by my estimate, is sufficient to finance the games until 2020 if the Committee never raised another dime. Twenty (20) million dollars of this surplus belongs to children riddled with birth defects. Undoubtedly this is the true and proper function of a patriotic organization clothed in Federal authority implemented by predator/scavenger agents, published in the United States Codes.
vi) A description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons.
vii) A network television broadcast entitled "Crossroads" aired on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a segment titled the "Olympic Essay." Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic, their exclusive property.
viii) The corporation is responsible for the acts of its agents and the directors are responsible for the acts of the corporation, therefore all are guilty of Sherman Act §§ 2, 15, and 24.
I subject myself to any form or investigation or inquiry the Congress would desire. I was born in New Hampshire (1946), grew up in Florida (8 years), lived in Georgia (ten years), and finally arrived in the golden state (1978). If this law survives I am certain that I am ruined.
IX
In Congress We TrustIn Congress I trust or I fall. I vow until my last dime is spent, my last security exhausted, and to the liquidation of every tangible and intangible asset I have at my disposal, I will continue to fight. I will not be made an example of to the injury of other similarly situated olympic businesses and corporations such as mine.
In Congress I trust, as I now turn my attention to my Ninth Circuit appeal. Notice of Appeal to be filed before November 20, 1985.
Leo O. LaBranche Jr., a National Citizen.
President, Olympic Records, Inc.
Terminus of Petition - This was sent along with the voluminous record to 77 Senators and
200 House Members. Petition noted in the Congressional Record (99th Congress)
02.05.86 - Pet. 0274 and referred to Judiciary Committees of both Houses.
Chapter 20 The Olympic Record
I need to contact all olympic businesses in my case record. Now that I have a petition lodged and assigned to the Judiciary Committees I must get the word out about getting the word back. I devised a method by publishing what follows to all similarly situated, whether they knew it, agreed to it, liked it, or not. I constructed the Olympic Record, the newsletter of Olympic Records, Incorporated. That must be illegal. Many contacted were not overjoyed to hear from me. But it did inform them of what was transpiring in the courts and now possibly in the Congress. This would ultimately affect them though there were many many disbelievers. I wasn't here to convince them, who is one man to do that. I heard back from all I needed to. At the end of the Olympic Record, I announced the future formation of a registered lobby to be called, the NATIONAL ASSOCIATION OF OLYMPIC BUSINESSES (NAOB). A non-profit registered lobby, authorized by Congress, also by the I.R.S. as a 501 c(6), to be headed by me so all future contacts with Congress would come from us, and not from a lone litigant. I had been doing this for over eighteen months and I am tired of doing it alone.
The 99th Congress has already accepted as received my Petition, Complaint and mountains of evidence so whoever may join my new lobby group is already covered under my first personal petition to Congress. They're already present and accounted for.
Several paragraphs in the "Olympic Record" are reprinted from the Petition, redundancy is required. Skip over those paragraphs if you like and go to Chapter 21.
Sent to 2,500 entities using the word olympic in their business.
All businesses present in the court record in, and as, evidence.
THE OLYMPIC RECORD
Published by Olympic Records, Inc.
HISTORY - Published Information
In the year 1894 the congress of Paris awarded the words olympic and olympiad to the International Olympic Committee [IOC]. History has it the French government was happy that the revised olympic games of 1896 were to originate in their country. There were 13 political parties at that congress of Paris. Since that time the IOC has endeavored to promote or 'pass on' this gift of olympic and olympiad to national olympic organizations. On occasion the IOC has been successful in obtaining legislation to this effect. In the year 1950 the U. S. Congress passed the American version of the IOC's charter, then titled "An Act to Incorporate the U. S. Olympic Association." Section 379 of this act prohibits commercial use of the word olympic (for the purpose of trade) by any person without the permission of the Olympic Committee. During 1978 the olympic law was amended, retitled, resection and is now the Amateur Sports Act of 1978. A one time appropriations* of $30,000,000.ºº was included in the Act. Section 379 now became § 380. Published by Olympic Records, Inc.
HISTORY - Published Information
BACKGROUND of OLYMPIC RECORDS
The Record Label
During 1982 Olympic Records company was organized in North Hollywood, California. After investigation it was found there existed no entity using the tradename in the United States at that time. Companies and corporations using this distinctive name go back to 1921. Twenty years as studio musician, music arranger & orchestrator, record producer, and music publisher encouraged my belief that Olympic Records could succeed.
We attempted to incorporate the business in California and were refused because of the Amateur Sports Act of 1978. This was our first notice of the olympic law. New York was contacted and it was found that it was permitted to incorporate there, and we did so Jan. 5, 1983. The next step in protection of the trademark (company name) was the Patent & Trademark Office. After engaging in interstate and foreign commerce for one year an application was made for a Federal trademark registration for the company trademark and design. The application was refused pursuant to section 380 of the Amateur Sports Act of 1978 which prohibits use of the word olympic for the purpose of trade.
* In 1978 numerous Congressmen registered their opposition to the U.S.O.C. receiving any taxpayers funds and some Congressmen did not want the U.S.O.C. [amateur athletics] to be in any way associated with the Federal government.
THE SUIT
A complaint was filed in the Federal court in the District of Columbia. The court transferred the case to Los Angeles where our business was located. Our action included constitutional questions, copyright & trademark conflicts, and unfair competition. The district court judge ruled for the U.S.O.C. and stated, "all that was necessary to violate the Amateur Sports Act, [§ 380] was to use the word in conjunction with any commercial enterprise [for the purpose of trade] without the U.S.O.C.'s permission since 1950." Judge admonished, " go to the appeals court" and so we went. The exhaustive evidence which became the clerk's record in the case included:(a) 350 pages of documents obtained from 46 states and 9 Federal agencies, these documents consisted of Certifications of good standing and computer print-outs of records in the custody of the State or Agency; [Federal records obtained through the Freedom of Information and Privacy Act].
(b) most states revealed their policy regarding the applicability of this law to their citizens, forty-six (46), plus or minus two, denied the enforcement of the Amateur Sports Act of 1978, § 380;
(c) a video copy of a program subpoenaed from C.B.S. News which broadcasted Aug. 1, 1984 [opposite the games] on which the U.S.O.C. threatens to sue all persons who use the word olympic without their permission; (the broadcast, along with the PTO refusal, were deciding factors in initiating the anticipatory action challenging the law) and,
(d) compilations from various directories which put the number of olympic businesses formed since 1950 in the thousands, one state alone had 600.
I could not convince a Federal judge in Los Angeles that the Olympic Committee's charter was defective, so, on with the process in the U. S. Court of Appeals for the Ninth Circuit where a panel of three judges will decide. A stay was granted until late June when the opening arguments are due. A related case, IOC & USOC vs San Francisco Arts & Athletics [Gay Olympics case] has not been finally determined. In this four year case the IOC and USOC brought action against the SFAA organization for calling their games olympics.
MY PERSONAL PETITION
House of Representatives, no. 0274
On November 15, 1985 a petition was sent to 77 Senators and 200 Representatives, including a copy of the before mentioned video, 350 pages of documents, and 30 pages of grievances and additional material. Each congressman selected received a five pound package by first class mail. Several unofficial responses were received, one of which was, "if you don't like a Federal law or section thereof you might submit a 'corrected' version of what you feel is defective." Other comments suggested it was not their problem until/unless their constituents complained. However, this petition was referred to the Judiciary Committee of both Houses by their speakers and noted in the Congressional Record.House of Representatives, no. 0274
EXCERPTS FROM PETITION
Page 2, Head II
Scheme-Plan-Design-Conspiracy
The USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate section 380 of their defective law. I note here that agents for the U.S.O.C. are diligent in the prosecution of any business they come across that is in a weaker position or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law.
1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000.ºº]. The March of Dimes organization reluctantly chose not to litigate [defend] with contributors money due to ethical, moral, and publicity considerations. The legislative intent regarding the statute [law] stated in Senate Report No. S. 2523 of the 1950 Congress is as follows:
"These games have only to do with amateur athletics"
2). Paralympics, paralyzed person competing in their own games;
3). Retired persons, elderly persons competing in their own games;
4). Olympics of the Mind, children;
5). Gay Olympics [the four year old Federal court case] ;
6). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the U.S.O.C. will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.
EXCERPTS FROM PETITION
Page 3, Head III
The lawyers for the U.S.O.C. (RICHARD G. KLINE & CO.), Washington, D.C. are completely responsible for this immoral, reprehensible, and unethical conduct and scheme under the color of Federal law and they claim recent congressional support for their actions. I would add that this defective law would provide employment for Mr. Kline and for the rest of his life especially against weaker or helpless opponents.
Page 4, Head V
My investigation and documents conclude that 46 [+/- 2] states, through successive administrations over a period of thirty-five years have denied applying this interpretation of law to their businesses or citizens, even after instructed to by the USOC.
Page 5, ¶ D
I have letter correspondence from U. S. State Department through commercial officers at our Embassies abroad and they were polled to determine the local policy regarding olympic. *Indicates countries where OLYMPIC RECORDS has been or would likely export product. [Phonograph records & tapes, compact discs and videos, film, other digital media of any make or description.]
*Korea, *New Zealand, *Denmark, *Italy, *United Kingdom, *Australia, *Columbia, *Spain, *Brazil, and *Japan have no restrictions upon use of the word in their respective public domains. Only Canada and Norway have restrictions upon use of olympic. No replies were received from our embassies in France or Greece. Canada later changed it's policy after the NOAB was legally formed and licensed by Congress to act as a 501(c)(6) lobbying organization and contacted Canadian olympic businesses who took it straight to Parliament where the issue was addressed.
Page 6, Head VII
A conclusive presumption exists (and is not defeat-able) that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number [EIN] in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law. It is estimated there are five (5) thousand businesses and corporations using olympic for the 'purpose of trade' since 1950. Five thousand exceptions to the rule that has been applied to me and may later be applied to others. All existing "Olympic" businesses pay taxes and yet are still prohibited from full legal status, in the federal sense, as long as this law or section of law exists. Also, one may not obtain a Federally registered trademark for protection should they engage in interstate or foreign commerce. A Federal registration or status may mean little to some but this record and effort demonstrates what value we place upon it.
Page 9, Head IX, Remedies
The following remedies are hereby submitted [to Congress] in the event . .
A) Repeal statute (law), never subject to re-enactment.
B) Repeal statute, subject to re-enactment after a Congressional investigation
into the activities of the directors, officers, and agents.
Investigate the following defects:
a) section 371, present directors are not listed.
b) section 374 (13) has been negated on many occasions.
c) section 375(b) is violated.*
d) section 380 should be burned. The USOC does not own olympic, olympiad . . .
A description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons. This trademark is more invalid then anything ever registered with the PTO since the beginning of that office.
* § 375(b) states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the entire charter. It violates every state constitution.
Page 10
A network television broadcast entitled "Crossroads" broadcasted on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a portion titled the "Olympic Essay." Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic for the purpose of trade, the exclusive property of the defendant.
Revised Amateur Sports Act - Petition 373 - Proposed Amendment *
During January of 1986 I submitted a 'proposed' introductory amendment sent to the 100th Congress to replace section 380 of the Amateur Sports Act of 1978 and was submitted and lodged with all Members of Congress. We have since heard from the Committee on the Judiciary of both Houses. Senator Strom Thurmond, [SC] the chairman of the Senate Judiciary Committee and Representative Peter W. Rodino, Jr., [NJ] chairman of the House Judiciary Committee have responded. (Petition 0373 noted in Congressional Record)
Participate in the Legislative Process
This is a solicitation for views or statements to be directed to the Congress. We are forming the "National Association of Olympic Businesses" to lobby the Congress as a group. To date no businesses have been contacted. You may have views that your Congressman would like to hear. Please make these views known to the Judiciary Committee of the SENATE and the Judiciary Committee of the HOUSE.
Refer to the AMATEUR SPORTS ACT OF 1978 and/or to Petitions
House numbers 0274 & 0373.
* As was sarcastically suggested by a disgruntled representative.
Help Get The Word Back,
____________________________________
LEO O. LABRANCHE, JR.
PRESIDENT, OLYMPIC RECORDS, INC.
NEWSLETTER OF THE OLYMPIC LOBBY
Part V to follow
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