Monday, May 31, 2010

The Olympic Record Epilogue

EPILOGUE

An Epilogue usually occurs at the end of a story. As you see there is more to follow (Part VIII). For all intents and purposes this Olympic record had ended, though incomplete.

Telling the story would have been different (if at all) had I Googled the Amateur Sports Act in January, 2010. I now know why it was an unconscious decision and on forced reflection, I admit I didn't want to know, one way or the other. I knew everyone was free because Olympic businesses and Olympics of every description are widespread throughout the Country, more prevalent now than back during my court time and there were many thousands then.

So, if the law was changed - then great, I was right and I'm just as screwed as ever. [Vindication and a dollar will get you a bottled water.] However if the law was not changed then my beliefs about my efforts (4 years) and effectiveness (which had somewhat sustained me) would have been shattered. Impotence by retrospect. Believing you made a difference and then finding out you didn't.

When confronted by the question, "When did this event (if any) occur which freed the Olympic slaves, so to speak?" Then I had to click the google search button. That was March 15. Congress finally saw fit to change the law in 1998 and when it was amended and reenacted it had the much needed, and litigated for, and lobbied for, "change." Utilizing the word "permitted" as opposed to the word "prohibited." Pertinent part below in Bold.

Excerpt from "Ted Stevens, Amateur Sports Act." (1998)
See, ** connecting to ***.

(c) CIVIL ACTION FOR UNAUTHORIZED USE.—Except as provided in subsection (d) of this section, the corporation may file a civil action against a person for the remedies provided in the Act of July 5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the Trademark Act of 1946) if the person, without the consent of the corporation, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition—
(1) the symbol described in subsection (a)(2) of this section;
(2) the emblem described in subsection (a)(3) of this section;
**(3) the words described in subsection (a)(4) of this section, or any combination or simulation of those words [including OLYMPIC] tending to cause confusion or mistake, to deceive, or to falsely suggest a connection with the corporation or any Olympic, Paralympic, or Pan-American Games activity; or
(d) PRE-EXISTING AND GEOGRAPHIC REFERENCE RIGHTS.—

(1) A person who actually used the emblem described in subsection (a)(3) of this section, or the words or any combination of the words described in subsection (a)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.
(2) A person who actually used, or whose assignor actually used, the words or any combination of the words described in subsection (a)(4) of this section, or a trademark, trade name, sign, symbol, or insignia described in subsection (c)(4) of this section, for any lawful purpose before September 21, 1950, is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.

*** (3) Use of the word “Olympic” to identify a business or goods or services is permitted by this section where—

(A) such use is not combined with any of the intellectual properties referenced in subsections (a) or (c) of this section;

This story (the Pro Se parts) has added dimension with the "Ted Stevens - Amateur Sports Act" as ultimate conclusion and proof. Thirteen years after ordered by a federal court to destroy my business and stop lobbying using the word Olympic it finally comes to pass, actually in legislative print. Freedom for all except me though I knew that. There's a saying I've heard, "you can do good things as long as you don't need credit."

The law was amended in 1998 with NO MENTION of the minor changes as above highlighted. The minor change of prohibited to permitted, a very large leap. Thirteen years later Congress changes the Amateur Sports Act in harmony with my Complaint, Petitions, and requests. Go back to the latter part of Chapter 21. See the re-write of §380.

My Congressional Petitions are Public record and show when it was lodged with the Congress and referred by the Speaker (O'Neil) to the Judiciary Committees of both Houses (Thurmond & Rodino). These Public records, noted in the Congressional Record, given a number, involving committee Chairmen - my actions truly becoming the "country's business," for a moment possibly. In late 1985 I was contacted and assured by members of the Senate Judiciary Committee that the Amateur Sports Act was to be corrected or clarified sometime in the near future. In the preceding chapters I commented on feeling relief for a few days when hearing that possibility. Thirteen years later Ted's Amateur Act appears and twelve years after that I come upon it. I guess this is closure.

At minimum this Olympic Record [Pro Se Litigant] reflects what can occur when you are right, truthful, follow the rules, do due diligence, invest capital, and stand up for your rights. A typical American story where only the whistle-blower, martyr, and pariah rides, or is carried off, into the sunset never to be heard from again. Chalk up another one for Don Coyote in the mountains of Colorado in search of his personal and possible dream.

Fine

At this time Parts I, II, and VIII are not posted. They are music based and autobiographical.

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