Blog From A Hermit Dot Com

Michael Atkins over at Seattle Trademark Lawyer recently posted an update on the USOC’s bullying tactics regarding their ownership of the word “Olympic.” The Olympic Committee is opposing trademark registration by Olympia’s newspaper, The Olympian, which has been using the name since 1982. I’m sure the USOC is most unhappy with The Olympian’s website which is accessible to people outside of  Western Washington. (Horrors!) The Olympian is actually a very small newspaper, so I doubt the site actually gets all that much interstate traffic. Clearly, the USOC is pushing for a simple and more global resolution – like changing the name of the mountain range and the state capital. I agree with Michael – “GIMME A BREAK.”

Now that Olympic fever is heating up north of the border, I’ve decided to repost my 2008 rant about this matter as a pin prick to the USOC and Washington’s esteemed congressional delegation (insert audio raspberry here):

If you’ve ever been to Seattle on a clear day and looked westward across Puget Sound, you’ve probably seen the Olympic Mountains. “The Olympics are out,” is a common signal of good weather in Seattle’s often-cloudy climate. But watch what you say! The term “Olympics” is a registered trademark of the United States Olympic Committee which vigorously defends its control over the word. Yes, even when the word is used to describe the mountains.

In 1788, English Captain John Meares saw the Olympic Mountains and found them beautiful enough to “house the gods” so he named Mount Olympus after it’s Greek counterpart.

In 1909 Teddy Roosevelt created the Mount Olympus National Monument.

In 1938 this became the Olympic National Park.

The Peninsula upon which the Olympic Mountains rest is called the Olympic Penninsula. The capital of Washington State (the gateway city to the Peninsula) is Olympia.

In 1978, Congress enacted the Olympic and Amateur Sports Act , granting the U.S. Olympic Committee trademark and licensing control over all things associated with the terms “Olympic(s)” as a means of funding United States Olympic game activities without the use of tax dollars. I concede, this is an excellent idea.

In 1998, the Act was re-upped as the Ted Stevens Olympic and Amateur Sports Act preserving much of the original language and, if anything, strengthening the U.S. Olympic Committee’s control over all things “Olympic.” “They basically took the word Olympic out of the English language and gave it to USOC,” says Professor Bob Jarvis, who specializes in sports law at Nova Southeastern University.

In 1999, Jeff Bezos was named Time Magazine’s “Man of the Year.” (Hang on to that seemingly unrelated gem.)

The Stevens Act does make an exception for use of the Olympic name in trade names or marks when associated with the “naturally occuring mountains or geographical region of the same name that were named prior to February 6, 1998.” But, as if the restriction isn’t clear (or strong) enough, the Act goes on to LIMIT any such geographically “Olympic” enterprise to “goods or services [which] are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and [for which] operations, sales, and marketing outside of this area are not substantial.“

If you think the U.S. Olympic Committee isn’t serious about fiercely defending their monopoly on the words, complete with the attending limitations, or that it’s only concerned when the term “Olympic” clearly attempts to capitalize on an association with the Olympic Games, talk to Jason Bausher who wanted to augment his mountain-guide income and trademark a little $12 booklet “Best of the Olympic Peninsula.” Kathy Charlton, owner of Olympic Cellars Winery, recently settled a trademark dispute with the USOC. At Olympic Cellars’ website, Charlton states “Contrary to what the USOC claims, there is no confusion as to whether the name ‘Olympic’ refers to one of our businesses, the Peninsula where we’re located or the Olympic Games themselves. When you hear the name ‘Olympic Cellars Winery’ is your first thought of a swimmer racing across the pool at the Olympic Games? I don’t think so.

“About the only way one of our local businesses could ever escape the harassment of the USOC is to become a giant like AT&T, VISA, McDonalds, Nike, Bank of America or Anheuser-Busch and actually help sponsor the Olympics! And they’ll need to do that without the help of national recognition or basic use of the Internet. When someone pulls that off, I’ll be the first to raise a glass of Vino.”

The 2010 Winter Olympic Games will take place in Vancouver, British Columbia – a ferry-ride, or customs line away from Western Washington. Is the USOC’s recent zeal the result of this critical proximity? I’m not sure that makes a difference to me.

As a Washington State resident and small business owner (Tools-n-Gizmos.com) , I’m outraged that Washington State’s Congressional delegation was asleep at the wheel when this little “stay in Washington State” clause was allowed to slip through unchallenged in the Stevens Act. Western Washington State is a tech savvy place. It is the home of Amazon.com (not to mention Microsoft and innumerable other dot coms, past and present). Was the value of internet marketing (especially for a growing small business) that obscure in 1998? If so, how come Amazon CEO Jeff Bezos was Time’s Man-of-the-Year in 1999?

It seems to me this “stay in Washington” restriction is abusive and needs to be reconsidered. Of course, the abused small enterprises (which are limited from growth!) can’t hire enough legal power to face off with with USOC lawyers and take the matter all the way to the Supreme Court. It’s just easier and less expensive to “submit” and change the business name or withdraw from internet marketing. It’s a little like being diagnosed with an orphan disease – the funds aren’t available for the research, and it doesn’t impact enough people for anyone with clout to care.

This is the kind of absurdity that makes me want to actually hide in the woods, not just live here. It’s a small matter, affecting few – but it’s one of those aggravating little signs of erosion that we don’t notice until the dam breaks.

“We cannot defend freedom abroad by deserting it a home.” – Edward R. Murrow