Talk:Amateur Sports Act of 1978

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Untitled[edit]

For more dirt see also http://www.techdirt.com/articles/20120713/06513919689/us-olympic-committee-forces-30-year-old-philidelphia-gyro-restaraunt-to-change-its-name.shtml.84.226.135.178 (talk) 22:41, 13 November 2012 (UTC)[reply]

Also http://www.yarnharlot.ca/blog/archives/2012/06/21/now_that_you_ask.html. — Preceding unsigned comment added by 84.226.135.178 (talk) 22:47, 13 November 2012 (UTC)[reply]

Legal abuses by the USOC under the Act[edit]

This article should include mention of the many legal threats brought by the USOC against businesses in Western Washington which have the word "Olympic" in their name, even though that usage derives from the Olympic Mountains rather than the Olympic Games and even though the Act itself has a specific exemption for such businesses. 216.174.213.195 (talk) 23:32, 5 February 2010 (UTC)[reply]

http://seattletimes.nwsource.com/html/ronjuddsolympicsinsider/2010909904_no_tears_shed_here_over_usocs.html

Here is the relevant section of the law -

(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;

(B) it is evident from the circumstances that such use of the word “Olympic” refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and

(C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial. —Preceding unsigned comment added by 216.174.213.195 (talk) 23:37, 5 February 2010 (UTC)[reply]

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