PART V
Chapter 21
Excerpts from Petition 373, Congressional Record June 4, 1986
The following table exhibits the author's audacity in practice, that's why they call it 'practice' in law and in medicine. A Congressman suggested, "if I did not like a law I should write a new one in its place." I did just that. The critique that follows is true in every utterance. The footnote table alone destroys the Amateur Sports Act of 1978 unless we use Martian rules earlier mentioned.
Martian Rules of Civil Procedure:
The total disregard for facts, truth, logic, precedent and/or common sense, and an equal inability to see past the olympic light (blinded by the light) at the usurpation of American rights by the USOC and IOC conspiracy. That is called Martian Logic and Procedure and as we know Martians no longer use this method because they're all dead. The text of the existing law is outlined below with Footnotes denoting problem areas.
SECTION 380 OF THE AMATEUR SPORTS ACT OF 1978
Author's Analysis: Section 380 of the Amateur Sports Act of 1978
Title 36 U.S.C. §§ 371 0 396, (1982) P.L. 95-606
Section 380 as written with footnotes designating problem areas.
Footnotes attached to footnote table. Footnotes illustrated as *1
§ 380 USE OF OLYMPIC symbols, emblems, trademarks, & names.
(a) Unauthorized use *1; civil actions; unlawful use prior to September 21, 1950. *2.
Without the consent of the corporation *3, any person who uses for the purposes of trade *4, to induce the sale of any goods or services *5, or to promote any theatrical *6 exhibition, athletic performance, or competition *7.
(1) the symbol of the International Olympic Committee, consisting of five interlocking rings; *8
(2) 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; *9
(3) and trademark *10, trade name, sign, word *11, symbol or insignia falsely representing association with, or authorization by, the International Olympic Committee or Corporation; or
(4) the words Olympic, *12, Olympiad, *13, Citius Altius Fortius, or any combination or simulation thereof tending to cause confusion, *14, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity *15 shall be subject to suit in a civil action by the Corporation for the remedies provided in the Trademark Act of July 5, 1946 *16.
However any person who actually used the emblem in subsection (a)2, or the words, or any combination thereof, in subsection (a)4 for any lawful purpose and for the same goods or services is exempted. In addition, any person who actually used, or who's assignor actually used, any other trademark, trade name, sign, symbol or insignia described in subsection (a)3 and (a)4 for any lawful purpose prior to enactment of this Act [Sept.21, 1950 *18, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.
Section 380 (b) Contributors and suppliers *19
The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to, or for the use of, approved, selected, or used by the corporation or the United States Olympic or Pan-American team or team members.
Section 380 (c). Exclusive right of the Corporation. *20
The Corporation shall have the exclusive right to use the name United States Olympic Committee; the symbol described in subsection (A)1; the emblem described in subsection (a)2; and the words "Olympic", "Olympiad," "Citius Altius Fortius," or any combination thereof subject to the preexisting rights described in subsection (a).
______________________________________________________________________
The AMATEUR SPORTS ACT of 1978 - - - FOOTNOTE TABLE
Ft *1 The first words of [§ 380] subheading (a) declare "Unauthorized use" of the word olympic is not permitted. The language declares authorization necessary to use the word olympic and implies that authorization is available from the USOC with their consent. This section of the Act begins with a false statement.
a). Most of the United States authorize, permit, allow, or otherwise provide assistance to, and accept taxes and other fees from, over two thousand olympic businesses formed since the enactment date of section 380 [previous § 379], September 21, 1950. Tens of thousands of persons are employed by these companies in these states. Many of these businesses are active in interstate commerce. Insurance companies, banks, transportation companies, chains of businesses . . .
b). Authorization to conduct business using olympic (whether intrastate or interstate) since enactment date of the Act is given to businesses by several Federal agencies, including the Department of the Treasury, F.D.I.C., F.S.L.I.C., the Internal Revenue Service, the Interstate Commerce Commission, the Securities and Exchange Commission, and the U.S. Copyright Office. The Federal Aviation Administration and Federal Communications Commission have a similar policy.
c). Authorized use of the word olympic is not permitted by the USOC without an accompanying USOC designation. Permission is not available except in conjunction with one of the numerous other symbols or designations of the corporation.
The opening words in this subheading (a) are not true. There has been no authorization necessarily obtained from the USOC to use the word olympic, since 1950, 1978, or 1986.
Ft *2 [L] awful use prior to September 21, 1950. [Grandfather clause]
a). The grandfather clause is defective. The intention of the 82nd Congress in adding this provision to the Act was to insure the rights of persons, corporations, businesses, tradenames, and trademarks who or which existed prior to the enactment date of Sept. 21, 1950. This provision has been completely avoided and taken exception to by the overwhelming majority of the states through successive administrations and also avoided by the Federal agencies with one exception being the P.T.O..
b). Officials of state government are qualified to determine whether a person seeking to register a (i) corporate name, (ii) trade name, (iii) business name or, (iv) trademark using olympic is infringing upon the USOC. No reason exists to inhibit or obstruct intrastate or interstate commerce of those using olympic since the enactment date of the Act. The grandfather clause has been completely, and justifiably, ignored. Should a grandfather clause be reenacted in a revision to this section I submit it would immediately be challenged in a Federal court.
Ft *3 [W]ithout the consent of the corporation.
a). No one may obtain the consent of the USOC to use olympic without an accompanying olympic designation. Consent is not available nor have the States or Federal agencies needed consent from the USOC to authorize businesses and corporations to exist within their territorial boundaries.
b). If consent were available to use olympic, as in "rent a word", I submit it would be most difficult, if not impossible, to create a standard by which one could rent the word olympic for commercial use. It cannot be rented, leased, or loaned for everyone already has it and olympic is Public property.
c). Natural and artificial persons may obtain the consent from their own particular State for permission to use olympic. Two to three thousand businesses and corporations throughout the United States are doing business (since 1950) such as: Olympic Flame Inc.., Olympic Games, Inc.., Olympic Enterprises Inc., Olympic Expositions Inc., Olympic Ideas, Olympic Sports Inc., Olympic Sporting Goods, Inc., Olympic Advertising, Inc., Olympic Express, Inc., Olympic Sales, Inc., Olympic Builders, Inc., Olympic Manufacturing, Inc., Olympic, Inc., Olympic Sportswear, Inc., Olympic Explorations, Inc., Olympic Trophy Co., Olympic Marketing, Inc., Olympic Properties, Inc., Olympic Transport, Inc., Olympic Printing, Inc., Olympic Image, Inc., Olympic Development, Inc., The Olympic Corporation, Olympic Investments, Inc., Olympic Toys, Inc., Olympic Jewelry, Inc., Olympic Car, Inc., Olympic Records, Inc., Olympic General, Olympic Gold Sportswear, Inc., Olympic Fitness Center, Inc., Olympic Health Spa, Inc., Olympic Flowers, Inc., and the list is much larger. Practically every kind of product or service offered to consumers in the United States may, and does use the word "Olympic."
Ft *4 [F] or the purposes of trade,
a). Every business and corporation formed since 1950 who uses olympic as a part of the title of the business or corporation undoubtedly uses olympic for the purposes of identifying his/her goods or services and consequently the use of olympic is for the purposes of trade.
b). All persons, natural or artificial, who use olympic as part of the name of their business since 1950 are in violation of this provision and are guilty until proven innocent. The federal courts may be busy in each circuit with challenges to § 380.
c). Most states blatantly deny the language present in this provision. It is submitted the states have the right to exercise discretion regarding businesses originating within their own boundaries.
Ft *5 [T] o induce the sale of any goods or services,
See footnote 3, subparagraphs 1-3.
Ft *6 [T] heatrical exhibition,
The USOC is not in the theatrical business and has no right to exist in any field whatsoever other than amateur athletic competitions. The USOC is not in the music industry, or any other art or artistic related exhibition. Senate Report S.2523
Ft *7 [C] ompetition,
This word should have been preceded by the words 'amateur athletic.'
Ft *8 [T] he symbol of the International Olympic Committee, consisting of 5 interlocked rings;
a). The I.O.C. should register its own symbol in the Patent & Trademark Office and not be dependent upon the U.S. Congress for protection. Is there a prohibition with regard to the I.O.C. registering its own mark(s) in the United States?
b). The United Kingdom and Japan, as well as the majority of the other free nations, do not allow this intrusion into the affairs of the sovereign. Let the I.O.C. protect itself, especially in light of the fact that much of the language of their "Olympic Charter" enacted by the french congress in Paris (1894) was used in the formulation of this section [380, previously § 379].
Ft *9 [T] he emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocked rings displayed on the chief;
a). A Federal registration exists for this seldom used mark described in subsection (a)(2) and it is reg. no. 980,734. This may remain an "emblem" of the USOC but there is little doubt the STARS IN MOTION currently owned and/or held by the Los Angeles Olympics Organizing Committee is the new symbol of the USOC for the coming years. The trademark registration for the STARS IN MOTION is number 1,276,147 and service mark registration for the STARS IN MOTION is no. 1,199,926.
Ft *10 [A] nd trademark,
a). The USOC owns at least four Federal registrations. One being trademark registration number 968,566 [the word olympic (invalid)], another being no. 980,734, the mark described in the preceding paragraph and the STARS IN MOTION trademark and service mark registrations mentioned in the preceding paragraph.
b). These registrations must be listed in the amended Act, by picture, number, date, class of goods, limitations, etc..
c). The USOC claims an untold number of "common law" (™) trademarks. It is in the public interest to enumerate each and every one of them, by picture, if necessary.
Ft *11 [T] rade name, sign, word,
a). Every one of these names, signs, and words should be listed, else it is open season on any unsuspecting person who may be infringing on one of the dozens of common law symbols and words & phrases the USOC "claims" to control.
b). The USOC claims rights to symbols and phrases belonging to the general public. In the music industry you "Go for the Gold" record, aiming for the platinum record (representing 1,000,000 units [L.P.'s, tapes, CD's] sold).
Ft *12 [T] he words "Olympic",
a). In the year 1894 the french congress of Paris awarded the word olympic to the I.O.C.. Since that time the I.O.C. has endeavored to obtain legislation from the local sovereign for the 5 rings and the word(s) olympic and olympiad. This endeavor of 93 years has had no effect in the United Kingdom, Australia, New Zealand, Japan, Korea, Spain, Portugal, Denmark, Italy, Columbia, and Brazil. The I.O.C.'s efforts have had an effect in Norway, Netherlands, Canada, and the United States.
b). The prohibition placed upon use of the word olympic or olympiad is a violation of the provisions of the first amendment of the federal constitution relating to a prior restraint upon the use of a spoken word.
Ft *13 Olympiad, Restatement of Ft. 12.
Ft *14 [T] ending to cause confusion,
a). Using the word olympic, according to the USOC, automatically causes a 'tendency to confuse.' [15 U.S.C. §§ 1051, 1125(a)] Confusion as to the source or origin of the goods or services is the proper standard by which to determine whether or not confusion, in the minds of the public, exists or not. The clerk's record in case no. 85 6484 (CA9), previously submitted as petition on or about Nov. 15, 1985, discloses beyond doubt, that goods and services bearing the word olympic originate from two thousand businesses formed since 1950. There can be no confusion as to the source or origin of goods bearing the word olympic. Goods and services come from Olympic businesses in the 50 states.
Ft *15 [F] falsely suggest a connection with the corporation or any olympic activity;
a). More language of 15 U.S.C. §§ 1051, 1125(a) is used here to apply the provisions of the Trademark Act. What is necessary to violate this provision of the Act, according to the USOC, is to use the word olympic, and that being so, all persons using olympic since 1950 are guilty of violating this provision.
Ft *16 [S]hall be subject to a suit in a civil action by the corporation for the remedies provided in the Trademark Act of 1946.
a). This language declares that remedies are available to the USOC under the provisions of the Trademark Act of 1946. I submit that the Act must conform with the provisions of 15 U.S.C. §§ 1051 et seq. if the Act is to prescribe the remedies. The Act does not conform to the existing Trademark Act, trademark case law, or common law trademark rights in the following ways:
i) 15 U.S.C. § 1051 declares: [Applications for registrations must] include a statement to the effect that the person making the verification believes . . . the corporation in whose behalf he makes the verification to be the owner of the mark sought to be registered, that the mark is in use in commerce, and that no other person, firm or corporation, to the best of his knowledge and belief, has the right to use such mark in commerce either in identical form thereof or in such near resemblance thereto, as to be likely to cause confusion, or to cause mistake or to deceive.
ii) 15 U.S.C. § 1058(a) provides: [T] he registration of any mark under the provisions of the [TM] Act shall be cancelled by the Commissioner at the end of six years following its date . . .. A section 8 affidavit showing that the mark is still in use is required to keep the registration in force for the full 20 years. This affidavit must conform to the same provisions as set forth in section 1051 with emphasis on underlined portions of preceding paragraph a). This section 8 affidavit was filed by the USOC about 1980.
iii) 15 U.S.C § 1064(c) declares: The abandonment provision is invoked by the simple fact that (i) TM registration number 968,566 [the word olympic] is in a plurality of classes and yet hundreds of exceptions exist in each of the classes of goods or services that the USOC claims exclusive rights in, before and since the date this registration was issued (1973), and before and since 1980 when the section 8 affidavit was filed.
iv) 15 U.S.C. § 1111 declares a notice provision either in the form of an "R" enclosed by a circle or the words Registered in the U.S. Patent Office may accompany any mark registered in the P.T.O.. There has been no use of either of these notice provisions in conjunction with TM registration numbers 968,566 or 980,734. I would add that the P.T.O., when refusing registrations because of use of olympic in my case, did not see fit to reveal the existence of these registrations to me at my initial trademark registration refusal in 1984.
v) 15 U.S.C. § 1115(b)(1)(2)(7) regards incontestable rights except when one of the following defects is established: section 1115(b)(1) relates to fraud or mistake in the application or the incontestable right [section 8 affidavit] to use the mark; section (b)(2) relates to the mark being abandoned or invalid and; section (b)(7) relates to use of the mark or marks used to violate the antitrust laws of the United States.
vi) 15 U.S.C. § 1120 declares: Any person who shall procure registration in the P.T.O. by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages in consequence thereof.
vii) The most common of trademark rules is the no exclusivity, no trademark rule. I submit there can never be any exclusivity over use of the word olympic [by statute or trademark] alone as a trademark for any goods or services by any person.
viii) Though the USOC's TM registration no. 968,566 is in a plurality of classes over which exclusive rights are said to exist, it is noted that the USOC has no claim to goods in classification 9, phonograph records and tapes. This registration is invalid and has been used for unfair competition.
Ft *17 A restatement of the grandfather clause. See footnote 2.
Ft *18 A restatement of the grandfather clause. See footnote 2.
Ft *19 § 380 (b) Contributors and suppliers.
a). I submit that the entire section 380 [(a)(b)(c)] could be encompassed in this section (b). If the symbols, trademarks (both Federal & common law), names, initials, words & phrases, and combinations thereof were clarified and enumerated most of the problems caused, or to be caused, by section 380 can be remedied. The USOC at one time even sought to foreclose "derivatives" of the word olympic.
Ft *20 § 380 (c) Exclusive right of the corporation.
a). A restatement of previously described exclusive rights and privileges of the USOC and should be removed.
This concludes the author's analysis of problem areas present in section 380 of the Amateur Act of 1978. The analysis may be helpful in determining that the attached introductory amendment is useful as a skeleton draft of what section 380 should declare rather than what it does declare. The attached amendment conforms to the Trademark Act of 1946 and the United States Constitution. Author: Leo O. LaBranche
.
Following:
First draft edition of sections 380 (a)(b)(c) of title 36 United States Code
Section 380 of the revised Amateur Sports Act 1978
Received by House and Senate
A device or method to keep the issue in the forefront of Judiciary committees
Listed as received in Congressional Record: Pet. 373, June 4, 1986
First draft edition of sections 380 (a)(b)(c) of title 36 United States Code
THE AMATEUR SPORTS ACT
[Proposed amended title, no year mentioned]
INTRODUCTORY AMENDMENT TO SECTION 380 OF
THE AMATEUR SPORTS ACT OF 1978
[36 U.S.C. §§ 371-396] P.L 95-606
OLD SECTION 380 (a) [Repealed or Replaced]
[New] Head: § 380. Exclusive Rights of the Corporation
[New] Subhead: (a) Olympic Symbols, trademarks, names, emblems, words & phases, and combinations thereof.
The U.S.O.C. (hereinafter the "Corporation") shall have exclusive right to use the following symbols, trademarks, names, initials, emblems, words and phrases, and combinations thereof subject to the limitations stated herein.
1). The five (5) interlocked rings, belonging to and representing exclusively the International Olympic Committee;
2). The Federal trademark registered in the Patent & Trademark Office known as the Stars in Motion, registration number 1,276,147 in classes [designate classes] and service mark known as the Starts In Motion, registration number 1,199,926 in classes [designate classes]. The notice provision of the Trademark Act of 1946, [15 U.S.C. § 1111] should or must be used to notify all persons of the existence of these federally registered trademarks; and
3). The name of the corporation, the United States Olympic Committee, or the designation or term, Olympic Committee, and the initials U.S.O.C.;
4). The emblem of the Corporation, Federal trademark registration number 980,734, in classes [designate classes], consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five (5) interlocking rings displayed on the chief;
5). the word Olympic ONLY WHEN accompanied by the word(s) i) Committee, ii) United States, iii) Official, and as they may connect to, iv) sponsor, v) contributor, vi) donor, vii) supporter, and other such words designating a connection to the olympic movement, the olympic games, the Corporation and the support thereof;
6). the letters U.S.A. when accompanied by the marks or symbols in preceding subparagraphs 1-2. [Common law trademark rights to use U.S.A. with five (5) interlocked rings and/or Starts in Motion].
7). The term "Olympic Games & Olympiad ONLY WHEN they are used to identify, and to connect to, the international amateur athletic competition, controlled or sanctioned by the I.O.C. held every four years. [This paragraph and section does not include the word "Olympics."] see /1 footnote
8). Souvenirs, such as sam the eagle, and any other mascot, object, or device that the Corporation has used in the past, or plans to use in future, to license for the purpose of raising funds or other considerations. All devices and souvenirs must have attached one or more of the combined designations in the preceding subparagraph (a), including at least one or more of the Federal trademarks, not to exclude use of U.S. Copyright law.
9). Non-profit persons, groups, corporations, and associations are exempted from the provisions of this amended Act following the directive stated in Stop the Olympic Prison v. U.S.O.C 489 F Supp 1112 (SDNY), by the Honorable J.M. Cannella, U.S. District Judge, Southern District, New York.
10). Reserved
OLD SUBHEADING (b) related to contributors and suppliers and (b) is now incorporated in subparagraph (a). New subhead (b) follows.
Subhead: [§ 380] (b) Civil actions by the Corporation for infringement of its exclusive rights pursuant to the TM Act of 1946 [title 15 U.S.C. §§ 1051 et. seq.]
The Corporation shall have exclusive right to own, control, use, and license, the symbols, trademarks, names, emblems, words & phrases, and combinations thereof, subject to the stated limitations in subparagraph (a) in conjunction with, and for the express purpose of, raising funds or other considerations, for the United States olympic effort, and, any person, natural or artificial who, in the judgement of the Corporation, infringes upon any symbols, trademarks, emblems, names, initials, or combinations thereof in subparagraph (a) shall be subject to suit in a civil action by the Corporation for the remedies provided for and prescribed in the Trademark Act of July 5, 1946 (60 Stat. 427; known as the Trademark Act of 1946) title 15 U.SC. §§ 1051 et. seq..
Subhead (c) Repealed to conform. New Heading (a) derived from this heading (c).
Interpretive note and decisions, directive following 380 [Repealed]
Author's Comment
Title 15 U.S.C. §§ 1051 et. seq. can now be the controlling law for protection of the Corporations trademarks (Federal & common law), and symbols. The five (5) rings are protected by the doctrine of secondary meaning was well as by subparagraph (a)1, and TM Registration no. 980,734. Common law unfair competition and trademark infringement seem to be the avenue with regard to the other words, combinations, and terminologies. I submit that the language of the trademark act should not be restated in this Act.
Remarks regarding term(s) olympics and Olympic Games, footnote /1.
/1 The word Olympics, in some minds, can only designate one thing, that being the Olympic Games. I submit in this democracy there have been, and continue to be, olympics in many forms. Chili Olympics, Frog Jumping Olympics, Reading Olympics, Olympics of the Mind, Paralympics, Cooking Olympics, Song Olympics, and other olympics of many descriptions, PROVIDED that no person may use the term Olympics or the term Olympic Games, for any amateur sports competition which is destined to compete in international competition. Any accompanying Corporation designation, enumerated in subparagraph (a) [exclusive rights] may not be used without express written consent of the Corporation. No use of the five (5) interlocked rings, the Stars in Motion, the Federal TM registration no. 980,734, the initials U.S.A or U.S.O.C. may be used to designate or title any olympic competition, and no international amateur athletic olympics of any kind.
AFTERMATH of § 380 AMENDMENT
This introductory amendment does not diminish or dilute any of the USOC's rights. The present language of the un-amended §380 is overbroad, extremely confusing, and [in author's opinion] repugnant to the U. S. Constitution. As it is written § 380 will cause nothing but problems for the Congress, the United States, untold thousands of owners of olympic companies, directors, officers, agents, employees, their dependents, and the consuming general public. Since the author of this amendment seems to be the closest to, and most diligent opposer of, the present § 380 it is fitting for one so injured to offer the present solution. It undoubtedly needs the learned hand of several legislators and/or committees in order to be in a form that can be enacted.
This is submitted as the first edition [rough draft] of the 1986 introductory amendment to section 380 (a)(b)(c) of the Amateur Sports Act of 1978. It follows a Petition sent to and received by the Congress on or about November 15, 1985, noted as Pet. no. 0274.
With the Highest Respect ______________
Chapter 22 President Carter Appeal to the Carter Center
Dear President Carter:
My name is Leo LaBranche and I, and others similarly situated, have a problem. We have not met though I performed with musical groups at the mansion during your tenure as Governor. I registered to vote in 1980 to cast a ballot for you from Burbank, my first interest in politics since 1963. I'll take a chance and use Mr. Peter Rodino Jr. as a reference to this topic and to my activities.
SUMMARY
When you were President a law was enacted titled the AMATEUR SPORTS ACT of 1978. What follows pertains to this law which was recently interpreted by the U. S. Supreme Court. The Court decided (5/4) sub nom. S.F.A.A. vs USOC/IOC (Gay Olympics case) that no person since 1950 could use the word olympic(s) for any commercial purpose and those doing so were in violation of federal law and Supreme Court authority. The court ruled litigants could not use trademark defenses in a court action and went on to say there were no constitutional restraints on the Olympic Committee with respect to Olympic Committee enforcement of the Act. The Court has again shown an interesting view of the gays and the A.C.L.U.. I have the sad distinction of following this case since my filing in 1984 (D.D.C. 84 3099) through the U. S. 9th Circuit Court of Appeals, LABRANCHE vs USOC - 85 6484.
Yesterday the 9th Circuit Court affirmed a district court ruling of 1985 which said LABRANCHE could not use the word olympic for a phonograph record company (Olympic Records, Inc.) nor use the word for Olympic Records (retail stores), or for any reason. I am embarrassed at being one who studied, believed, paid dearly, fought, lost, and set another bad example with which others may be diminished, tainted, and humiliated. The following questions illustrate the problem, they are by no means an interrogatory but I believe serve to identify the problem, constitutionally speaking.
a). Were you informed section 380 of the Act was to be construed as prohibiting every person from using the word olympic since 1950 regardless of trademark law provisions which allow for defenses such as confusion as to source or abandonment?
b). When the Act was made law were you informed of the thousands of current users of Olympic by business enterprises (small & large) around the country from 1950 - 1978?
c). Did you understand that there were to be no constitutional restraints on the Olympic Committee's enforcement of the Act?
d). Are you aware that a "Kennedy Foundation" can use Olympics for their charitable cause [Special Olympics] but the "March Of Dimes Foundation" was prevented from using Olympics for their charitable cause [Reading Olympics]? - Not to mention old people, young people and anyone the USOC could intimidate and obtain history.
e). The Olympic Committee is brave and threatening (especially since my action produced 1000's of infringers) as against tiny and helpless micro-opponents but has yet to take on one Olympic company or corporation its own size. There are several Olympic Businesses formed since 1950 which gross in excess of 100 million in revenue per year. Are these big companies exempt because this law can only spear the weak?
In closing, Mr. President, I ask that you take notice of this. While it is unlikely you can respond at least you will know what has been going on relative to this law. I shall continue to bear this and I realize my future is but an empty vessel. Perhaps the Congress will revise the act after my destruction. Should there be required any additional material or facts please indicate so and I will comply. Thank you Mr. President.
With Highest Respect,
Leo O. LaBranche Jr.
President, "National Association of Olympic Businesses"
SENATE JUDICIARY COMMITTEE Staff Attorney - Steve Best
Before the end of the 99th Congress I was contacted by Steve Best, a staff attorney of the Senate Judiciary Committee. I was not a home when he phoned but retrieved my messages and returned his call from Santa Monica where I had been seeing my doctor. This is the only phone call of the long cycle which was not recorded. I was not calling from home and the automated recording system was not available. Undoubtedly, meant to be. He was calling to give me assurances from the Committee and informed me that five (5) (remaining anonymous) Senators on that body wanted me to know that Section 380 of the Amateur Sports Act of 1978 was going to be addressed and corrected and not to expect it this (99th) Congress. [30 days left in the legislative session.] He also indicated I could publicize this information. It's June and seemingly my efforts over the nine months and the "squeaky wheel syndrome" is on track. I hardly felt the pavement on my way back home to Idyllwild. Relief is a funny thing; it doesn't last long. I am proud, gratified, and humbled by this recent event. A day or so later I conclude the next Congress may indeed do as I have been informed, but what if something happens.
With this new positive information and anonymous Senatorial support it's now time to get others to join this effort to keep the issue in focus and in front of the Congress. Supposedly, or, arguably, I have accomplished my initial purpose and have succeeded in getting the issue to be addressed by the proper committee in both Houses. Hurray, now what. After all, it's me here doing this and what if the tide should turn? Meanwhile, this event has absolutely no bearing on my court case, none, except in my heart of hearts.
UNITED STATES SENATE
COMMITTEE ON THE JUDICIARY SD-224
WASHINGTON, D.C. 20510
Attention: Steve Best July 17, 1986
Dear Mr. Best:
I enjoyed talking with you. Please find the enclosed material that may be relevant to the issues. The Honorable Senators from Washington, California, New York, Ohio, Illinois, Massachusetts, and Texas may be interested in light of material which relates to the "Olympic Businesses, Corporations, and Organizations" in their respective states.
I would like to provide my views which may be relevant to an issue, should one arise, of the use of a torch, flame, rings (other than five), or generic terms or symbols other than a) the 5 interlocked rings; b) the initials USA with the 5 rings; c) the initials U.S.O.C.; d) the Stars in Motion; e) the Stars and Motion with the 5 rings; f) the Stars in Motion with the initials USA and the 5 rings.
A concern I have regarding a torch is not that I use one. It is the fact that hundreds of "Olympic Businesses, Corporations, and Organizations" use generic terms and combinations of generic terms and symbols as a part of the identification of their business or product. I am in the process of contacting them for the purpose of compiling a comprehensive collection of their respective combinations and logos. [Any one could use the symbol of the Statute of Liberty for the purpose of trade during the recent events but they were prohibited by law from using the specific logo which signified the event.] The Olympic Committee, as abstract as it may sound, has no protected torch. It has no copyright for a torch and the torch hidden by the shield upon trademark registration no. 980,734 is hardly considered the olympic torch, and, the torch the runners use to open the games is probably not a copyrightable object, though a picture of it may be. And it changes from Olympiad to Olympiad.
The concern with regard to use of my particular torch is that (a) I own a copyright for my trademark design which includes a torch; (b) I have a pending trademark application which includes a torch and the Patent & Trademark Office made no mention whatsoever of the torch in my several communications with the office; (c) the Olympic Committee stopped arguing the torch in the court papers; and (d) this torch was "engraved for hire" and is my family's personal industrial and intellectual property.
The Olympic Committee states the controlling law with respect to the Amateur Sports Act of 1978 to be Trademark law. I believe strongly that "confusion as to the source and/or origin of the goods or services" is the substantial and controlling provision of trademark law as it applies to the Amateur Act. I can attest to the fact that 2500 hundred radio stations across the country were not confused by a 3/4 inch logo on a phonograph record or audio tape or the use of the logo as the record label where the torch is practically hidden by the data required to be on the label. The Olympic Committee has seldom, if ever, distributed phonograph records and tapes to record stores, and should it ever, it would be by licensing agreement and not be under the name Olympic Records. I really enjoyed our conversation we had recently, it was a long overdue feeling of relief and I thank you and the Judiciary Committee.
Sincerely _________________
PART VI to follow
Chapter 21
Excerpts from Petition 373, Congressional Record June 4, 1986
The following table exhibits the author's audacity in practice, that's why they call it 'practice' in law and in medicine. A Congressman suggested, "if I did not like a law I should write a new one in its place." I did just that. The critique that follows is true in every utterance. The footnote table alone destroys the Amateur Sports Act of 1978 unless we use Martian rules earlier mentioned.
Martian Rules of Civil Procedure:
The total disregard for facts, truth, logic, precedent and/or common sense, and an equal inability to see past the olympic light (blinded by the light) at the usurpation of American rights by the USOC and IOC conspiracy. That is called Martian Logic and Procedure and as we know Martians no longer use this method because they're all dead. The text of the existing law is outlined below with Footnotes denoting problem areas.
SECTION 380 OF THE AMATEUR SPORTS ACT OF 1978
Author's Analysis: Section 380 of the Amateur Sports Act of 1978
Title 36 U.S.C. §§ 371 0 396, (1982) P.L. 95-606
Section 380 as written with footnotes designating problem areas.
Footnotes attached to footnote table. Footnotes illustrated as *1
§ 380 USE OF OLYMPIC symbols, emblems, trademarks, & names.
(a) Unauthorized use *1; civil actions; unlawful use prior to September 21, 1950. *2.
Without the consent of the corporation *3, any person who uses for the purposes of trade *4, to induce the sale of any goods or services *5, or to promote any theatrical *6 exhibition, athletic performance, or competition *7.
(1) the symbol of the International Olympic Committee, consisting of five interlocking rings; *8
(2) 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; *9
(3) and trademark *10, trade name, sign, word *11, symbol or insignia falsely representing association with, or authorization by, the International Olympic Committee or Corporation; or
(4) the words Olympic, *12, Olympiad, *13, Citius Altius Fortius, or any combination or simulation thereof tending to cause confusion, *14, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity *15 shall be subject to suit in a civil action by the Corporation for the remedies provided in the Trademark Act of July 5, 1946 *16.
However any person who actually used the emblem in subsection (a)2, or the words, or any combination thereof, in subsection (a)4 for any lawful purpose and for the same goods or services is exempted. In addition, any person who actually used, or who's assignor actually used, any other trademark, trade name, sign, symbol or insignia described in subsection (a)3 and (a)4 for any lawful purpose prior to enactment of this Act [Sept.21, 1950 *18, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.
Section 380 (b) Contributors and suppliers *19
The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to, or for the use of, approved, selected, or used by the corporation or the United States Olympic or Pan-American team or team members.
Section 380 (c). Exclusive right of the Corporation. *20
The Corporation shall have the exclusive right to use the name United States Olympic Committee; the symbol described in subsection (A)1; the emblem described in subsection (a)2; and the words "Olympic", "Olympiad," "Citius Altius Fortius," or any combination thereof subject to the preexisting rights described in subsection (a).
______________________________________________________________________
The AMATEUR SPORTS ACT of 1978 - - - FOOTNOTE TABLE
Ft *1 The first words of [§ 380] subheading (a) declare "Unauthorized use" of the word olympic is not permitted. The language declares authorization necessary to use the word olympic and implies that authorization is available from the USOC with their consent. This section of the Act begins with a false statement.
a). Most of the United States authorize, permit, allow, or otherwise provide assistance to, and accept taxes and other fees from, over two thousand olympic businesses formed since the enactment date of section 380 [previous § 379], September 21, 1950. Tens of thousands of persons are employed by these companies in these states. Many of these businesses are active in interstate commerce. Insurance companies, banks, transportation companies, chains of businesses . . .
b). Authorization to conduct business using olympic (whether intrastate or interstate) since enactment date of the Act is given to businesses by several Federal agencies, including the Department of the Treasury, F.D.I.C., F.S.L.I.C., the Internal Revenue Service, the Interstate Commerce Commission, the Securities and Exchange Commission, and the U.S. Copyright Office. The Federal Aviation Administration and Federal Communications Commission have a similar policy.
c). Authorized use of the word olympic is not permitted by the USOC without an accompanying USOC designation. Permission is not available except in conjunction with one of the numerous other symbols or designations of the corporation.
The opening words in this subheading (a) are not true. There has been no authorization necessarily obtained from the USOC to use the word olympic, since 1950, 1978, or 1986.
Ft *2 [L] awful use prior to September 21, 1950. [Grandfather clause]
a). The grandfather clause is defective. The intention of the 82nd Congress in adding this provision to the Act was to insure the rights of persons, corporations, businesses, tradenames, and trademarks who or which existed prior to the enactment date of Sept. 21, 1950. This provision has been completely avoided and taken exception to by the overwhelming majority of the states through successive administrations and also avoided by the Federal agencies with one exception being the P.T.O..
b). Officials of state government are qualified to determine whether a person seeking to register a (i) corporate name, (ii) trade name, (iii) business name or, (iv) trademark using olympic is infringing upon the USOC. No reason exists to inhibit or obstruct intrastate or interstate commerce of those using olympic since the enactment date of the Act. The grandfather clause has been completely, and justifiably, ignored. Should a grandfather clause be reenacted in a revision to this section I submit it would immediately be challenged in a Federal court.
Ft *3 [W]ithout the consent of the corporation.
a). No one may obtain the consent of the USOC to use olympic without an accompanying olympic designation. Consent is not available nor have the States or Federal agencies needed consent from the USOC to authorize businesses and corporations to exist within their territorial boundaries.
b). If consent were available to use olympic, as in "rent a word", I submit it would be most difficult, if not impossible, to create a standard by which one could rent the word olympic for commercial use. It cannot be rented, leased, or loaned for everyone already has it and olympic is Public property.
c). Natural and artificial persons may obtain the consent from their own particular State for permission to use olympic. Two to three thousand businesses and corporations throughout the United States are doing business (since 1950) such as: Olympic Flame Inc.., Olympic Games, Inc.., Olympic Enterprises Inc., Olympic Expositions Inc., Olympic Ideas, Olympic Sports Inc., Olympic Sporting Goods, Inc., Olympic Advertising, Inc., Olympic Express, Inc., Olympic Sales, Inc., Olympic Builders, Inc., Olympic Manufacturing, Inc., Olympic, Inc., Olympic Sportswear, Inc., Olympic Explorations, Inc., Olympic Trophy Co., Olympic Marketing, Inc., Olympic Properties, Inc., Olympic Transport, Inc., Olympic Printing, Inc., Olympic Image, Inc., Olympic Development, Inc., The Olympic Corporation, Olympic Investments, Inc., Olympic Toys, Inc., Olympic Jewelry, Inc., Olympic Car, Inc., Olympic Records, Inc., Olympic General, Olympic Gold Sportswear, Inc., Olympic Fitness Center, Inc., Olympic Health Spa, Inc., Olympic Flowers, Inc., and the list is much larger. Practically every kind of product or service offered to consumers in the United States may, and does use the word "Olympic."
Ft *4 [F] or the purposes of trade,
a). Every business and corporation formed since 1950 who uses olympic as a part of the title of the business or corporation undoubtedly uses olympic for the purposes of identifying his/her goods or services and consequently the use of olympic is for the purposes of trade.
b). All persons, natural or artificial, who use olympic as part of the name of their business since 1950 are in violation of this provision and are guilty until proven innocent. The federal courts may be busy in each circuit with challenges to § 380.
c). Most states blatantly deny the language present in this provision. It is submitted the states have the right to exercise discretion regarding businesses originating within their own boundaries.
Ft *5 [T] o induce the sale of any goods or services,
See footnote 3, subparagraphs 1-3.
Ft *6 [T] heatrical exhibition,
The USOC is not in the theatrical business and has no right to exist in any field whatsoever other than amateur athletic competitions. The USOC is not in the music industry, or any other art or artistic related exhibition. Senate Report S.2523
Ft *7 [C] ompetition,
This word should have been preceded by the words 'amateur athletic.'
Ft *8 [T] he symbol of the International Olympic Committee, consisting of 5 interlocked rings;
a). The I.O.C. should register its own symbol in the Patent & Trademark Office and not be dependent upon the U.S. Congress for protection. Is there a prohibition with regard to the I.O.C. registering its own mark(s) in the United States?
b). The United Kingdom and Japan, as well as the majority of the other free nations, do not allow this intrusion into the affairs of the sovereign. Let the I.O.C. protect itself, especially in light of the fact that much of the language of their "Olympic Charter" enacted by the french congress in Paris (1894) was used in the formulation of this section [380, previously § 379].
Ft *9 [T] he emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocked rings displayed on the chief;
a). A Federal registration exists for this seldom used mark described in subsection (a)(2) and it is reg. no. 980,734. This may remain an "emblem" of the USOC but there is little doubt the STARS IN MOTION currently owned and/or held by the Los Angeles Olympics Organizing Committee is the new symbol of the USOC for the coming years. The trademark registration for the STARS IN MOTION is number 1,276,147 and service mark registration for the STARS IN MOTION is no. 1,199,926.
Ft *10 [A] nd trademark,
a). The USOC owns at least four Federal registrations. One being trademark registration number 968,566 [the word olympic (invalid)], another being no. 980,734, the mark described in the preceding paragraph and the STARS IN MOTION trademark and service mark registrations mentioned in the preceding paragraph.
b). These registrations must be listed in the amended Act, by picture, number, date, class of goods, limitations, etc..
c). The USOC claims an untold number of "common law" (™) trademarks. It is in the public interest to enumerate each and every one of them, by picture, if necessary.
Ft *11 [T] rade name, sign, word,
a). Every one of these names, signs, and words should be listed, else it is open season on any unsuspecting person who may be infringing on one of the dozens of common law symbols and words & phrases the USOC "claims" to control.
b). The USOC claims rights to symbols and phrases belonging to the general public. In the music industry you "Go for the Gold" record, aiming for the platinum record (representing 1,000,000 units [L.P.'s, tapes, CD's] sold).
Ft *12 [T] he words "Olympic",
a). In the year 1894 the french congress of Paris awarded the word olympic to the I.O.C.. Since that time the I.O.C. has endeavored to obtain legislation from the local sovereign for the 5 rings and the word(s) olympic and olympiad. This endeavor of 93 years has had no effect in the United Kingdom, Australia, New Zealand, Japan, Korea, Spain, Portugal, Denmark, Italy, Columbia, and Brazil. The I.O.C.'s efforts have had an effect in Norway, Netherlands, Canada, and the United States.
b). The prohibition placed upon use of the word olympic or olympiad is a violation of the provisions of the first amendment of the federal constitution relating to a prior restraint upon the use of a spoken word.
Ft *13 Olympiad, Restatement of Ft. 12.
Ft *14 [T] ending to cause confusion,
a). Using the word olympic, according to the USOC, automatically causes a 'tendency to confuse.' [15 U.S.C. §§ 1051, 1125(a)] Confusion as to the source or origin of the goods or services is the proper standard by which to determine whether or not confusion, in the minds of the public, exists or not. The clerk's record in case no. 85 6484 (CA9), previously submitted as petition on or about Nov. 15, 1985, discloses beyond doubt, that goods and services bearing the word olympic originate from two thousand businesses formed since 1950. There can be no confusion as to the source or origin of goods bearing the word olympic. Goods and services come from Olympic businesses in the 50 states.
Ft *15 [F] falsely suggest a connection with the corporation or any olympic activity;
a). More language of 15 U.S.C. §§ 1051, 1125(a) is used here to apply the provisions of the Trademark Act. What is necessary to violate this provision of the Act, according to the USOC, is to use the word olympic, and that being so, all persons using olympic since 1950 are guilty of violating this provision.
Ft *16 [S]hall be subject to a suit in a civil action by the corporation for the remedies provided in the Trademark Act of 1946.
a). This language declares that remedies are available to the USOC under the provisions of the Trademark Act of 1946. I submit that the Act must conform with the provisions of 15 U.S.C. §§ 1051 et seq. if the Act is to prescribe the remedies. The Act does not conform to the existing Trademark Act, trademark case law, or common law trademark rights in the following ways:
i) 15 U.S.C. § 1051 declares: [Applications for registrations must] include a statement to the effect that the person making the verification believes . . . the corporation in whose behalf he makes the verification to be the owner of the mark sought to be registered, that the mark is in use in commerce, and that no other person, firm or corporation, to the best of his knowledge and belief, has the right to use such mark in commerce either in identical form thereof or in such near resemblance thereto, as to be likely to cause confusion, or to cause mistake or to deceive.
ii) 15 U.S.C. § 1058(a) provides: [T] he registration of any mark under the provisions of the [TM] Act shall be cancelled by the Commissioner at the end of six years following its date . . .. A section 8 affidavit showing that the mark is still in use is required to keep the registration in force for the full 20 years. This affidavit must conform to the same provisions as set forth in section 1051 with emphasis on underlined portions of preceding paragraph a). This section 8 affidavit was filed by the USOC about 1980.
iii) 15 U.S.C § 1064(c) declares: The abandonment provision is invoked by the simple fact that (i) TM registration number 968,566 [the word olympic] is in a plurality of classes and yet hundreds of exceptions exist in each of the classes of goods or services that the USOC claims exclusive rights in, before and since the date this registration was issued (1973), and before and since 1980 when the section 8 affidavit was filed.
iv) 15 U.S.C. § 1111 declares a notice provision either in the form of an "R" enclosed by a circle or the words Registered in the U.S. Patent Office may accompany any mark registered in the P.T.O.. There has been no use of either of these notice provisions in conjunction with TM registration numbers 968,566 or 980,734. I would add that the P.T.O., when refusing registrations because of use of olympic in my case, did not see fit to reveal the existence of these registrations to me at my initial trademark registration refusal in 1984.
v) 15 U.S.C. § 1115(b)(1)(2)(7) regards incontestable rights except when one of the following defects is established: section 1115(b)(1) relates to fraud or mistake in the application or the incontestable right [section 8 affidavit] to use the mark; section (b)(2) relates to the mark being abandoned or invalid and; section (b)(7) relates to use of the mark or marks used to violate the antitrust laws of the United States.
vi) 15 U.S.C. § 1120 declares: Any person who shall procure registration in the P.T.O. by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages in consequence thereof.
vii) The most common of trademark rules is the no exclusivity, no trademark rule. I submit there can never be any exclusivity over use of the word olympic [by statute or trademark] alone as a trademark for any goods or services by any person.
viii) Though the USOC's TM registration no. 968,566 is in a plurality of classes over which exclusive rights are said to exist, it is noted that the USOC has no claim to goods in classification 9, phonograph records and tapes. This registration is invalid and has been used for unfair competition.
Ft *17 A restatement of the grandfather clause. See footnote 2.
Ft *18 A restatement of the grandfather clause. See footnote 2.
Ft *19 § 380 (b) Contributors and suppliers.
a). I submit that the entire section 380 [(a)(b)(c)] could be encompassed in this section (b). If the symbols, trademarks (both Federal & common law), names, initials, words & phrases, and combinations thereof were clarified and enumerated most of the problems caused, or to be caused, by section 380 can be remedied. The USOC at one time even sought to foreclose "derivatives" of the word olympic.
Ft *20 § 380 (c) Exclusive right of the corporation.
a). A restatement of previously described exclusive rights and privileges of the USOC and should be removed.
This concludes the author's analysis of problem areas present in section 380 of the Amateur Act of 1978. The analysis may be helpful in determining that the attached introductory amendment is useful as a skeleton draft of what section 380 should declare rather than what it does declare. The attached amendment conforms to the Trademark Act of 1946 and the United States Constitution. Author: Leo O. LaBranche
.
Following:
First draft edition of sections 380 (a)(b)(c) of title 36 United States Code
Section 380 of the revised Amateur Sports Act 1978
Received by House and Senate
A device or method to keep the issue in the forefront of Judiciary committees
Listed as received in Congressional Record: Pet. 373, June 4, 1986
First draft edition of sections 380 (a)(b)(c) of title 36 United States Code
THE AMATEUR SPORTS ACT
[Proposed amended title, no year mentioned]
INTRODUCTORY AMENDMENT TO SECTION 380 OF
THE AMATEUR SPORTS ACT OF 1978
[36 U.S.C. §§ 371-396] P.L 95-606
OLD SECTION 380 (a) [Repealed or Replaced]
[New] Head: § 380. Exclusive Rights of the Corporation
[New] Subhead: (a) Olympic Symbols, trademarks, names, emblems, words & phases, and combinations thereof.
The U.S.O.C. (hereinafter the "Corporation") shall have exclusive right to use the following symbols, trademarks, names, initials, emblems, words and phrases, and combinations thereof subject to the limitations stated herein.
1). The five (5) interlocked rings, belonging to and representing exclusively the International Olympic Committee;
2). The Federal trademark registered in the Patent & Trademark Office known as the Stars in Motion, registration number 1,276,147 in classes [designate classes] and service mark known as the Starts In Motion, registration number 1,199,926 in classes [designate classes]. The notice provision of the Trademark Act of 1946, [15 U.S.C. § 1111] should or must be used to notify all persons of the existence of these federally registered trademarks; and
3). The name of the corporation, the United States Olympic Committee, or the designation or term, Olympic Committee, and the initials U.S.O.C.;
4). The emblem of the Corporation, Federal trademark registration number 980,734, in classes [designate classes], consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five (5) interlocking rings displayed on the chief;
5). the word Olympic ONLY WHEN accompanied by the word(s) i) Committee, ii) United States, iii) Official, and as they may connect to, iv) sponsor, v) contributor, vi) donor, vii) supporter, and other such words designating a connection to the olympic movement, the olympic games, the Corporation and the support thereof;
6). the letters U.S.A. when accompanied by the marks or symbols in preceding subparagraphs 1-2. [Common law trademark rights to use U.S.A. with five (5) interlocked rings and/or Starts in Motion].
7). The term "Olympic Games & Olympiad ONLY WHEN they are used to identify, and to connect to, the international amateur athletic competition, controlled or sanctioned by the I.O.C. held every four years. [This paragraph and section does not include the word "Olympics."] see /1 footnote
8). Souvenirs, such as sam the eagle, and any other mascot, object, or device that the Corporation has used in the past, or plans to use in future, to license for the purpose of raising funds or other considerations. All devices and souvenirs must have attached one or more of the combined designations in the preceding subparagraph (a), including at least one or more of the Federal trademarks, not to exclude use of U.S. Copyright law.
9). Non-profit persons, groups, corporations, and associations are exempted from the provisions of this amended Act following the directive stated in Stop the Olympic Prison v. U.S.O.C 489 F Supp 1112 (SDNY), by the Honorable J.M. Cannella, U.S. District Judge, Southern District, New York.
10). Reserved
OLD SUBHEADING (b) related to contributors and suppliers and (b) is now incorporated in subparagraph (a). New subhead (b) follows.
Subhead: [§ 380] (b) Civil actions by the Corporation for infringement of its exclusive rights pursuant to the TM Act of 1946 [title 15 U.S.C. §§ 1051 et. seq.]
The Corporation shall have exclusive right to own, control, use, and license, the symbols, trademarks, names, emblems, words & phrases, and combinations thereof, subject to the stated limitations in subparagraph (a) in conjunction with, and for the express purpose of, raising funds or other considerations, for the United States olympic effort, and, any person, natural or artificial who, in the judgement of the Corporation, infringes upon any symbols, trademarks, emblems, names, initials, or combinations thereof in subparagraph (a) shall be subject to suit in a civil action by the Corporation for the remedies provided for and prescribed in the Trademark Act of July 5, 1946 (60 Stat. 427; known as the Trademark Act of 1946) title 15 U.SC. §§ 1051 et. seq..
Subhead (c) Repealed to conform. New Heading (a) derived from this heading (c).
Interpretive note and decisions, directive following 380 [Repealed]
Author's Comment
Title 15 U.S.C. §§ 1051 et. seq. can now be the controlling law for protection of the Corporations trademarks (Federal & common law), and symbols. The five (5) rings are protected by the doctrine of secondary meaning was well as by subparagraph (a)1, and TM Registration no. 980,734. Common law unfair competition and trademark infringement seem to be the avenue with regard to the other words, combinations, and terminologies. I submit that the language of the trademark act should not be restated in this Act.
Remarks regarding term(s) olympics and Olympic Games, footnote /1.
/1 The word Olympics, in some minds, can only designate one thing, that being the Olympic Games. I submit in this democracy there have been, and continue to be, olympics in many forms. Chili Olympics, Frog Jumping Olympics, Reading Olympics, Olympics of the Mind, Paralympics, Cooking Olympics, Song Olympics, and other olympics of many descriptions, PROVIDED that no person may use the term Olympics or the term Olympic Games, for any amateur sports competition which is destined to compete in international competition. Any accompanying Corporation designation, enumerated in subparagraph (a) [exclusive rights] may not be used without express written consent of the Corporation. No use of the five (5) interlocked rings, the Stars in Motion, the Federal TM registration no. 980,734, the initials U.S.A or U.S.O.C. may be used to designate or title any olympic competition, and no international amateur athletic olympics of any kind.
AFTERMATH of § 380 AMENDMENT
This introductory amendment does not diminish or dilute any of the USOC's rights. The present language of the un-amended §380 is overbroad, extremely confusing, and [in author's opinion] repugnant to the U. S. Constitution. As it is written § 380 will cause nothing but problems for the Congress, the United States, untold thousands of owners of olympic companies, directors, officers, agents, employees, their dependents, and the consuming general public. Since the author of this amendment seems to be the closest to, and most diligent opposer of, the present § 380 it is fitting for one so injured to offer the present solution. It undoubtedly needs the learned hand of several legislators and/or committees in order to be in a form that can be enacted.
This is submitted as the first edition [rough draft] of the 1986 introductory amendment to section 380 (a)(b)(c) of the Amateur Sports Act of 1978. It follows a Petition sent to and received by the Congress on or about November 15, 1985, noted as Pet. no. 0274.
With the Highest Respect ______________
Chapter 22 President Carter Appeal to the Carter Center
Dear President Carter:
My name is Leo LaBranche and I, and others similarly situated, have a problem. We have not met though I performed with musical groups at the mansion during your tenure as Governor. I registered to vote in 1980 to cast a ballot for you from Burbank, my first interest in politics since 1963. I'll take a chance and use Mr. Peter Rodino Jr. as a reference to this topic and to my activities.
SUMMARY
When you were President a law was enacted titled the AMATEUR SPORTS ACT of 1978. What follows pertains to this law which was recently interpreted by the U. S. Supreme Court. The Court decided (5/4) sub nom. S.F.A.A. vs USOC/IOC (Gay Olympics case) that no person since 1950 could use the word olympic(s) for any commercial purpose and those doing so were in violation of federal law and Supreme Court authority. The court ruled litigants could not use trademark defenses in a court action and went on to say there were no constitutional restraints on the Olympic Committee with respect to Olympic Committee enforcement of the Act. The Court has again shown an interesting view of the gays and the A.C.L.U.. I have the sad distinction of following this case since my filing in 1984 (D.D.C. 84 3099) through the U. S. 9th Circuit Court of Appeals, LABRANCHE vs USOC - 85 6484.
Yesterday the 9th Circuit Court affirmed a district court ruling of 1985 which said LABRANCHE could not use the word olympic for a phonograph record company (Olympic Records, Inc.) nor use the word for Olympic Records (retail stores), or for any reason. I am embarrassed at being one who studied, believed, paid dearly, fought, lost, and set another bad example with which others may be diminished, tainted, and humiliated. The following questions illustrate the problem, they are by no means an interrogatory but I believe serve to identify the problem, constitutionally speaking.
a). Were you informed section 380 of the Act was to be construed as prohibiting every person from using the word olympic since 1950 regardless of trademark law provisions which allow for defenses such as confusion as to source or abandonment?
b). When the Act was made law were you informed of the thousands of current users of Olympic by business enterprises (small & large) around the country from 1950 - 1978?
c). Did you understand that there were to be no constitutional restraints on the Olympic Committee's enforcement of the Act?
d). Are you aware that a "Kennedy Foundation" can use Olympics for their charitable cause [Special Olympics] but the "March Of Dimes Foundation" was prevented from using Olympics for their charitable cause [Reading Olympics]? - Not to mention old people, young people and anyone the USOC could intimidate and obtain history.
e). The Olympic Committee is brave and threatening (especially since my action produced 1000's of infringers) as against tiny and helpless micro-opponents but has yet to take on one Olympic company or corporation its own size. There are several Olympic Businesses formed since 1950 which gross in excess of 100 million in revenue per year. Are these big companies exempt because this law can only spear the weak?
In closing, Mr. President, I ask that you take notice of this. While it is unlikely you can respond at least you will know what has been going on relative to this law. I shall continue to bear this and I realize my future is but an empty vessel. Perhaps the Congress will revise the act after my destruction. Should there be required any additional material or facts please indicate so and I will comply. Thank you Mr. President.
With Highest Respect,
Leo O. LaBranche Jr.
President, "National Association of Olympic Businesses"
SENATE JUDICIARY COMMITTEE Staff Attorney - Steve Best
Before the end of the 99th Congress I was contacted by Steve Best, a staff attorney of the Senate Judiciary Committee. I was not a home when he phoned but retrieved my messages and returned his call from Santa Monica where I had been seeing my doctor. This is the only phone call of the long cycle which was not recorded. I was not calling from home and the automated recording system was not available. Undoubtedly, meant to be. He was calling to give me assurances from the Committee and informed me that five (5) (remaining anonymous) Senators on that body wanted me to know that Section 380 of the Amateur Sports Act of 1978 was going to be addressed and corrected and not to expect it this (99th) Congress. [30 days left in the legislative session.] He also indicated I could publicize this information. It's June and seemingly my efforts over the nine months and the "squeaky wheel syndrome" is on track. I hardly felt the pavement on my way back home to Idyllwild. Relief is a funny thing; it doesn't last long. I am proud, gratified, and humbled by this recent event. A day or so later I conclude the next Congress may indeed do as I have been informed, but what if something happens.
With this new positive information and anonymous Senatorial support it's now time to get others to join this effort to keep the issue in focus and in front of the Congress. Supposedly, or, arguably, I have accomplished my initial purpose and have succeeded in getting the issue to be addressed by the proper committee in both Houses. Hurray, now what. After all, it's me here doing this and what if the tide should turn? Meanwhile, this event has absolutely no bearing on my court case, none, except in my heart of hearts.
UNITED STATES SENATE
COMMITTEE ON THE JUDICIARY SD-224
WASHINGTON, D.C. 20510
Attention: Steve Best July 17, 1986
Dear Mr. Best:
I enjoyed talking with you. Please find the enclosed material that may be relevant to the issues. The Honorable Senators from Washington, California, New York, Ohio, Illinois, Massachusetts, and Texas may be interested in light of material which relates to the "Olympic Businesses, Corporations, and Organizations" in their respective states.
I would like to provide my views which may be relevant to an issue, should one arise, of the use of a torch, flame, rings (other than five), or generic terms or symbols other than a) the 5 interlocked rings; b) the initials USA with the 5 rings; c) the initials U.S.O.C.; d) the Stars in Motion; e) the Stars and Motion with the 5 rings; f) the Stars in Motion with the initials USA and the 5 rings.
A concern I have regarding a torch is not that I use one. It is the fact that hundreds of "Olympic Businesses, Corporations, and Organizations" use generic terms and combinations of generic terms and symbols as a part of the identification of their business or product. I am in the process of contacting them for the purpose of compiling a comprehensive collection of their respective combinations and logos. [Any one could use the symbol of the Statute of Liberty for the purpose of trade during the recent events but they were prohibited by law from using the specific logo which signified the event.] The Olympic Committee, as abstract as it may sound, has no protected torch. It has no copyright for a torch and the torch hidden by the shield upon trademark registration no. 980,734 is hardly considered the olympic torch, and, the torch the runners use to open the games is probably not a copyrightable object, though a picture of it may be. And it changes from Olympiad to Olympiad.
The concern with regard to use of my particular torch is that (a) I own a copyright for my trademark design which includes a torch; (b) I have a pending trademark application which includes a torch and the Patent & Trademark Office made no mention whatsoever of the torch in my several communications with the office; (c) the Olympic Committee stopped arguing the torch in the court papers; and (d) this torch was "engraved for hire" and is my family's personal industrial and intellectual property.
The Olympic Committee states the controlling law with respect to the Amateur Sports Act of 1978 to be Trademark law. I believe strongly that "confusion as to the source and/or origin of the goods or services" is the substantial and controlling provision of trademark law as it applies to the Amateur Act. I can attest to the fact that 2500 hundred radio stations across the country were not confused by a 3/4 inch logo on a phonograph record or audio tape or the use of the logo as the record label where the torch is practically hidden by the data required to be on the label. The Olympic Committee has seldom, if ever, distributed phonograph records and tapes to record stores, and should it ever, it would be by licensing agreement and not be under the name Olympic Records. I really enjoyed our conversation we had recently, it was a long overdue feeling of relief and I thank you and the Judiciary Committee.
Sincerely _________________
PART VI to follow
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