
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC220506]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
            Subtitle II--Patriotic and National Organizations
 
                          Part B--Organizations
 
              CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE
 
                        SUBCHAPTER I--CORPORATION
 
Sec. 220506. Exclusive right to name, seals, emblems, and badges

    (a) Exclusive Right of Corporation.--Except as provided in 
subsection (d) of this section, the corporation has the exclusive right 
to use--
        (1) the name ``United States Olympic Committee'';
        (2) the symbol of the International Olympic Committee, 
    consisting of 5 interlocking rings, the symbol of the International 
    Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the 
    Pan-American Sports Organization, consisting of a torch surrounded 
    by concentric rings;
        (3) 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; and
        (4) the words ``Olympic'', ``Olympiad'', ``Citius Altius 
    Fortius'', ``Paralympic'', ``Paralympiad'', ``Pan-American'', 
    ``America Espirito Sport Fraternite'', or any combination of those 
    words.

    (b) Contributors and Suppliers.--The corporation may authorize 
contributors and suppliers of goods or services to use the trade name of 
the corporation or any trademark, symbol, insignia, or emblem of the 
International Olympic Committee, International Paralympic Committee, the 
Pan-American Sports Organization, or of the corporation to advertise 
that the contributions, goods, or services were donated or supplied to, 
or approved, selected, or used by, the corporation, the United States 
Olympic team, the Paralympic team, the Pan-American team, or team 
members.
    (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 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
        (4) any trademark, trade name, sign, symbol, or insignia falsely 
    representing association with, or authorization by, the 
    International Olympic Committee, the International Paralympic 
    Committee, the Pan-American Sports Organization, or the corporation.

    (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 \1\ (a) or (c) of this section;
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    \1\ So in original. Probably should be ``subsection''.
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        (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.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1469; Pub. L. 105-277, div. 
C, title I, Sec. 142(g), 112 Stat. 2681-604.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
220506(a).............................  36:380(c).                       Sept. 
21, 1950, ch. 975, title I, Sec.
                                                                          110, 
as added Nov. 8, 1978, Pub. L. 95-
                                                                          606, 
Sec.  1(b), 92 Stat. 3048.
220506(b).............................  36:380(b).
220506(c).............................  36:380(a) (1st sentence).
220506(d).............................  36:380(a) (2d, last sentences).
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---------------------------------

    Subsection (a)(2) and (3) is substituted for ``the symbol described 
in subsection (a)(1) of this section; the emblem described in subsection 
(a)(2) of this section'' because of the reorganization of the section.
    In subsection (b), the words ``or any trademark'' are substituted 
for ``as well as any trademark'' to eliminate unnecessary words. The 
words ``furnished . . . or for the use of'' are omitted as unnecessary.
    In subsection (c), the words ``the corporation may file a civil 
action against a person'' are substituted for ``any person . . . shall 
be subject to suit in a civil action by the Corporation'' for clarity.
    In subsection (d)(2), the words ``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'' are substituted for ``any other trademark, 
trade name, sign, symbol, or insignia described in subsections (a)(3) 
and (4) of this section'' for clarity.

                       References in Text

    The Trademark Act of 1946, referred to in subsec. (c), 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 (Sec. 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.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-277, Sec. 142(g)(1), substituted 
``rings, the symbol of the International Paralympic Committee, 
consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports 
Organization, consisting of a torch surrounded by concentric rings;'' 
for ``rings;''.
    Subsec. (a)(4). Pub. L. 105-277, Sec. 142(g)(2), inserted `` 
`Paralympic', `Paralympiad', `Pan-American', `America Espirito Sport 
Fraternite','' before ``or any combination''.
    Subsec. (b). Pub. L. 105-277, Sec. 142(g)(3), (4), inserted ``, 
International Paralympic Committee, the Pan-American Sports 
Organization,'' after ``International Olympic Committee'' and ``the 
Paralympic team,'' before ``the Pan-American team''.
    Subsec. (c)(3). Pub. L. 105-277, Sec. 142(g)(5), inserted ``, 
Paralympic, or Pan-American Games'' after ``any Olympic''.
    Subsec. (c)(4). Pub. L. 105-277, Sec. 142(g)(6), inserted ``, the 
International Paralympic Committee, the Pan-American Sport 
Organization,'' after ``International Olympic Committee''.
    Subsec. (d). Pub. L. 105-277, Sec. 142(g)(7), inserted ``and 
Geographic Reference'' after ``Pre-Existing'' in heading.
    Subsec. (d)(3). Pub. L. 105-277, Sec. 142(g)(8), added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in title 15 sections 1116, 1117, 1125.
