1996 US Code
Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES
CHAPTER 17 - UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I - CORPORATION
Sec. 380 - Use of Olympic symbols, emblems, trademarks and names

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§380. Use of Olympic symbols, emblems, trademarks and names (a) Unauthorized use; civil action; lawful use prior to September 21, 1950

Without the consent of the Corporation, any person who 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 of the International Olympic Committee, consisting of 5 interlocking rings;

(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;

(3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the Corporation; or

(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity;

shall be subject to suit in a civil action by the Corporation for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946) [15 U.S.C. 1051 et seq.]. However, any person who actually used the emblem in subsection (a)(2) of this section, or the words, or any combination thereof, in subsection (a)(4) of this section for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. In addition, any person who actually used, or whose assignor actually used, any other trademark, trade name, sign, symbol, or insignia described in subsections (a)(3) and (4) of this section for any lawful purpose prior to September 21, 1950 shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.

(b) Contributors and suppliers

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 of 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 United States Olympic or Pan-American team or team members.

(c) Exclusive right of Corporation

The Corporation shall have exclusive right to use the name “United States Olympic Committee”; the symbol described in subsection (a)(1) of this section; the emblem described in subsection (a)(2) of this section; and the words “Olympic”, “Olympiad”, “Citius Altius Fortius” or any combination thereof subject to the preexisting rights described in subsection (a) of this section.

(Sept. 21, 1950, ch. 975, title I, §110, as added Nov. 8, 1978, Pub. L. 95–606, §1(b), 92 Stat. 3048.)

References in Text

Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946), referred to in subsec. (a), is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.

Prior Provisions

A prior section 380, act Sept. 21, 1950, ch. 975, §10, 64 Stat. 902, related to agents for service of process, prior to repeal by Pub. L. 95–606, §1(b). See section 381 of this title.

Provisions similar to those comprising this section were contained in former section 379 of this title prior to repeal by Pub. L. 95–606.

Section Referred to in Other Sections

This section is referred to in title 15 sections 1116, 1117; title 18 section 2320.