Title 36 — Patriotic and National Observances, Ceremonies, and Organizations
Part B · Chapter 2205 — United States Olympic and Paralympic Committee
§ 220506. Exclusive right to name, seals, emblems, and badges
Statutory text
Exclusive Right of Corporation.—
Except as provided in subsection (d) of this section, the corporation has the exclusive right to use—
the name “United States Olympic and Paralympic Committee”;
the symbol of the International Olympic Committee, consisting of 5 interlocking rings, the symbol of the International Paralympic Committee, consisting of 3 Agitos, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;
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
the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, “Paralympic”, “Paralympiad”, “Pan-American”, “Parapan American”, “America Espirito Sport Fraternite”, or any combination of those words.
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, the Parapan American team, or team members.
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 (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—
the symbol described in subsection (a)(2) of this section;
the emblem described in subsection (a)(3) of this section;
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, Pan-American, or Parapan American Games activity; or
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.
Pre-Existing and Geographic Reference Rights.—
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 , is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.
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 , is not prohibited by this section from continuing the lawful use for the same purpose and for the same goods or services.
Use of the word “Olympic” to identify a business or goods or services is permitted by this section where—
such use is not combined with any of the intellectual properties referenced in subsection (a) or (c) of this section;
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 , and not to the corporation or any Olympic activity; and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 105–225 · 112 Stat. 1253
Enacted · 36 U.S.C. § 220506
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1469Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(1) · 112 Stat. 2681
Substituted · 36 U.S.C. § 220506(a)(2)
Pub. L. 105–277, § 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;”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–277, § 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;”.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(2) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220506(a)(4)
Pub. L. 105–277, § 142(g)(2), inserted “ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’, ‘America Espirito Sport Fraternite’,” before “or any combination”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–277, § 142(g)(2), inserted “ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’, ‘America Espirito Sport Fraternite’,” before “or any combination”.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(3) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220506(b)
Pub. L. 105–277, § 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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–277, § 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”.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(5) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220506(c)(3)
Pub. L. 105–277, § 142(g)(5), inserted “, Paralympic, or Pan-American Games” after “any Olympic”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 105–277, § 142(g)(5), inserted “, Paralympic, or Pan-American Games” after “any Olympic”.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(6) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220506(c)(4)
Pub. L. 105–277, § 142(g)(6), inserted “, the International Paralympic Committee, the Pan-American Sport Organization,” after “International Olympic Committee”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 105–277, § 142(g)(6), inserted “, the International Paralympic Committee, the Pan-American Sport Organization,” after “International Olympic Committee”.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(7) · 112 Stat. 2681
Inserted · 36 U.S.C. § 220506(d)
Pub. L. 105–277, § 142(g)(7), inserted “and Geographic Reference” after “Pre-Existing” in heading
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–277, § 142(g)(7), inserted “and Geographic Reference” after “Pre-Existing” in heading.Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 § 142(g)(8) · 112 Stat. 2681
Added · 36 U.S.C. § 220506(d)(3)
Pub. L. 105–277, § 142(g)(8), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 105–277, § 142(g)(8), added par. (3).Enacted provision · exact public law section
Sec. 142. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be— (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board of Education rules. (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.Pub. L. 109–284 § 5(16) · 120 Stat. 1211
Substituted · 36 U.S.C. § 220506(d)(3)(A)
Pub. L. 109–284 substituted “subsection” for “subsections”
Source evidence
Code amendment note
Subsec. (d)(3)(A). Pub. L. 109–284 substituted “subsection” for “subsections”.Enacted provision · exact public law section
(16) In section 220506(d)(3)(A), strike “subsections” and substitute “subsection”.Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(6)(A)(i) · 134 Stat. 943
Substituted · 36 U.S.C. § 220506(a)(1)
Pub. L. 116–189, § 4(a)(6)(A)(i), substituted “United States Olympic and Paralympic Committee” for “United States Olympic Committee”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–189, § 4(a)(6)(A)(i), substituted “United States Olympic and Paralympic Committee” for “United States Olympic Committee”.Enacted provision · exact public law section
(i) in paragraph (1), by striking “United States Olympic Committee” and inserting “United States Olympic and Paralympic Committee”;Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(6)(A)(ii) · 134 Stat. 943
Substituted · 36 U.S.C. § 220506(a)(2)
Pub. L. 116–189, § 4(a)(6)(A)(ii), substituted “3 Agitos” for “3 TaiGeuks”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–189, § 4(a)(6)(A)(ii), substituted “3 Agitos” for “3 TaiGeuks”.Enacted provision · exact public law section
(ii) in paragraph (2), by striking “3 TaiGeuks” and inserting “3 Agitos”; andEmpowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(6)(A)(iii) · 134 Stat. 943
Inserted · 36 U.S.C. § 220506(a)(4)
Pub. L. 116–189, § 4(a)(6)(A)(iii), inserted “ ‘Parapan American’,” after “ ‘Pan-American’,”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 116–189, § 4(a)(6)(A)(iii), inserted “ ‘Parapan American’,” after “ ‘Pan-American’,”.Enacted provision · exact public law section
(iii) in paragraph (4), by inserting “ ‘Parapan American’,” after “ ‘Pan-American’,”;Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(6)(B) · 134 Stat. 943
Inserted · 36 U.S.C. § 220506(b)
Pub. L. 116–189, § 4(a)(6)(B), inserted “the Parapan American team,” after “the Pan-American team,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–189, § 4(a)(6)(B), inserted “the Parapan American team,” after “the Pan-American team,”.Enacted provision · exact public law section
(B) in subsection (b), by inserting “the Parapan American team,” after “the Pan-American team,”; andEmpowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 4(a)(6)(C) · 134 Stat. 943
Substituted · 36 U.S.C. § 220506(c)(3)
Pub. L. 116–189, § 4(a)(6)(C), substituted “Pan-American, or Parapan American Games activity” for “or Pan-American Games activity”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 116–189, § 4(a)(6)(C), substituted “Pan-American, or Parapan American Games activity” for “or Pan-American Games activity”.Enacted provision · exact public law section
(C) in subsection (c)(3), by striking “or Pan-American Games activity” and inserting “Pan-American, or Parapan American Games activity”;
13 of 14 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 220506(a) | 36:380(c). | Sept. 21, 1950, ch. 975, title I, § 110, as added Nov. 8, 1978, Pub. L. 95–606, § 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). | |
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.
Editorial Notes
References in Text
The Trademark Act of 1946, referred to in subsec. (c), is act July 5, 1946, ch. 540, 60 Stat. 427, 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.
Amendments1998–2020 · 3 rounds
2020
Subsec. (a)(1). Pub. L. 116–189, § 4(a)(6)(A)(i), substituted “United States Olympic and Paralympic Committee” for “United States Olympic Committee”.
Subsec. (a)(2). Pub. L. 116–189, § 4(a)(6)(A)(ii), substituted “3 Agitos” for “3 TaiGeuks”.
Subsec. (a)(4). Pub. L. 116–189, § 4(a)(6)(A)(iii), inserted “ ‘Parapan American’,” after “ ‘Pan-American’,”.
Subsec. (b). Pub. L. 116–189, § 4(a)(6)(B), inserted “the Parapan American team,” after “the Pan-American team,”.
Subsec. (c)(3). Pub. L. 116–189, § 4(a)(6)(C), substituted “Pan-American, or Parapan American Games activity” for “or Pan-American Games activity”.
2006
Subsec. (d)(3)(A). Pub. L. 109–284 substituted “subsection” for “subsections”.
1998
Subsec. (a)(2). Pub. L. 105–277, § 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, § 142(g)(2), inserted “ ‘Paralympic’, ‘Paralympiad’, ‘Pan-American’, ‘America Espirito Sport Fraternite’,” before “or any combination”.
Subsec. (b). Pub. L. 105–277, § 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, § 142(g)(5), inserted “, Paralympic, or Pan-American Games” after “any Olympic”.
Subsec. (c)(4). Pub. L. 105–277, § 142(g)(6), inserted “, the International Paralympic Committee, the Pan-American Sport Organization,” after “International Olympic Committee”.
Subsec. (d). Pub. L. 105–277, § 142(g)(7), inserted “and Geographic Reference” after “Pre-Existing” in heading.
Subsec. (d)(3). Pub. L. 105–277, § 142(g)(8), added par. (3).
Credits
1998–2020 · 4 acts
- 1998Pub. L. 105–225, , 112 Stat. 1469
- 1998Pub. L. 105–277, div. C, title I, § 142(g), , 112 Stat. 2681–604
- 2006Pub. L. 109–284, § 5(16), , 120 Stat. 1212
- 2020Pub. L. 116–189, § 4(a)(6), , 134 Stat. 945.
Show as published
(Pub. L. 105–225, , 112 Stat. 1469; Pub. L. 105–277, div. C, title I, § 142(g), , 112 Stat. 2681–604; Pub. L. 109–284, § 5(16), , 120 Stat. 1212; Pub. L. 116–189, § 4(a)(6), , 134 Stat. 945.)