Tuesday, August 17, 2004

Check out how the Bush campaign steals our Olympics



I have noted in Victory, the latest television ad for the presidential campaign by Bush - Cheney '04 the term Olympics and images that appear to be of Olympic Games past and present. Here is the script for the ad according to the Bush - Cheney '04 campaign web site:

Script for "Victory"

President Bush:
I'm George W. Bush and I approve this message.

Voice Over:
In 1972...there were 40 democracies in the world.
Today...120.
Freedom is spreading throughout the world like a sunrise.
And this Olympics... there will be two more free nations…
And two fewer terrorist regimes.
With strength, resolve and courage, democracy will triumph over terror.
And, hope will defeat hatred.

Graphic:
President Bush. Moving America Forward.





This is a violation of the Ted Stevens Olympic and Amateur Sports Act , specifically

§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—

(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, “Paralympic”, “Paralympiad”, “Pan-American”, “America Espirito Sport Fraternite”, or any combination of those words.



In addition, the United States Olympic Committee is entitled, under the Act to pursue

§220506. Exclusive right to name, seals, emblems, and badges

(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—

(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;


For reference purposes, the exceptions in subsection (d), none of which apply, are as follows

§220506. Exclusive right to name, seals, emblems, and badges

(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.


If the United States Olympic Committee chooses not to pursue civil action against the Bush, they may be in violation of the act, specifically

§220507. Restrictions

(b) POLITICAL ACTIVITIES.—The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.

As a citizen, I request

1. the US Olympic Committee immediately demand the illegal use of images and terms referring to the Olympics by Bush - Cheney '04 Inc. cease;
2. that regardless of action by the US Olympic Committee, that Bush - Cheney '04, Inc. cease and desist from the illegal use of Olympic material;
3. that the Federal Election Commission investigate this illegal use of the term Olympic by the president, who states at the beginning of the ad that he approved it.



The Olympics belong to all people of the world and in America the rights to it are protected by law from this type of political misappropriation.

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