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36 U.S.C. § 220506 — Exclusive right to name, seals, emblems, and badges

Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 220506 — Exclusive right to name, seals, emblems, and badges

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Stable record: federal_law:legal_authorities:record_usc_4b955ea7cb67a10743c305d6
Source file: Laws/federal/codes/united-states-code/title-36/section-220506-exclusive-right-to-name-seals-emblems-and-badges--afafee2167.md
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Source location: Title 36, Chapter 2205, § 220506; chapter-2205-united-states-olympic-and-paralympic-committee.md

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**(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 and Paralympic Committee”; (2) 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; (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”, “Parapan 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, the Parapan 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) 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, Pan-American, or Parapan 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 subsection (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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1116 — Injunctive relief

**(a) Jurisdiction; service** The several courts vested with jurisdiction of civil actions arising under this chapter shall have power to grant injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent and Trademark Office or to prevent a violation under subsection (a), (c), or (d) of [section 1125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125&num=0&edition=prelim). A plaintiff seeking any such injunction shall be entitled to a rebuttable presumption of irreparable harm upon a finding of a violation identified in this subsection in the case of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this subsection in the case of a motion for a preliminary injunction or temporary restraining order. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff within thirty days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States, may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found, and shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defend

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1116

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1117 — Recovery for violation of rights

**(a) Profits; damages and costs; attorney fees** When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) or (d) of this title, or a willful violation under [section 1125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/c&num=0&edition=prelim), shall have been established in any civil action arising under this chapter, the plaintiff shall be entitled, subject to the provisions of sections 1111 and 1114 of this title, and subject to the principles of equity, to recover (1) defendant’s profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. The court shall assess such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty. The court in exceptional cases may award reasonable attorney fees to the prevailing party. **(b) Treble damages for use of counterfeit mark** In assessing damages under subsection (a) for any violation of [section 1114(1)(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1117

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1125 — False designations of origin, false descriptions, and dilution forbidden

**(a) Civil action** (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. (2) As used in this subsection, the term “any person” includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringement under this chapter for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional. **(b) Importation** Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, impo

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1125

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2320 — Trafficking in counterfeit goods or services

**(a) Offenses.—** Whoever intentionally— (1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, (2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, (3) traffics in goods or services knowing that such good or service is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a combat operation, a member of the Armed Forces, or to national security, or (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, or attempts or conspires to violate any of paragraphs (1) through (4) shall be punished as provided in subsection (b). **(b) Penalties.—** (1) **In general.—** — Whoever commits an offense under subsection (a)— (A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, shall be fined not more than $5,000,000; and (B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. (2) **Serious bodily injury or death.—** (A) *Serious bodily injury.—* — Whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct i

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2320

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

Page 1275 TITLE 15—COMMERCE AND TRADE § 1051 1 So in original. The word ‘‘shall’’ probably should not appear. ‘‘An Act to authorize the registration of trade-marks and protect the same,’’ and also act Aug. 5, 1882, ch. 393, 22 Stat. 298, entitled ‘‘An Act relating to the registra- tion of trade marks’’. Former section 109 of this title repealed all inconsistent acts and parts of acts, except so far as they might apply to certificates of registra- tion issued under the Trade-Mark Act of Mar. 3, 1881, ch. 138, and act Aug. 5, 1882, ch. 393. Statutory Notes and Related Subsidiaries EFFECTIVE DATE This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be- came effective one year from July 5, 1946, and repealed chapter 3 of this title as of that date. See notes under section 1051 of this title. SUBCHAPTER I—THE PRINCIPAL REGISTER § 1051. Application for registration; verification (a) Application for use of trademark (1) The owner of a trademark used in com- merce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Pat- ent and Trademark Office an application and a verified statement, in such form as may be pre- scribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the ap- plicant and specify that— (A) the person making the verification be- lieves that he or she, or the juristic per

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1051

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 220506 — Exclusive right to name, seals, emblems,

Page 303 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 220506 title. The words ‘‘real and personal’’ and ‘‘may be’’ are omitted as unnecessary. The words ‘‘to carry out the purposes of the corporation’’ are substituted for ‘‘for its corporate purposes’’ for consistency in the revised title. In clause (6), the words ‘‘to carry out its cor- porate purposes’’ are omitted as unnecessary and for consistency in the revised title. The words ‘‘issue in- struments of indebtedness, and secure its obligations by granting security interests in its property’’ are sub- stituted for ‘‘issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mort- gage’’ for consistency in the revised title. The words ‘‘subject in each case to the laws of the United States or of any State’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2023—Subsec. (d)(1)(D). Pub. L. 117–340, § 2(a)(1)(A), added subpar. (D). Subsec. (d)(2), (3). Pub. L. 117–340, § 2(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). 2020—Pub. L. 116–189, § 6(c)(1)(A), substituted ‘‘Powers and duties’’ for ‘‘Powers’’ in section catchline. Subsec. (c)(3). Pub. L. 116–189, § 4(a)(5)(A), substituted ‘‘the Pan-American Games, and the Parapan American Games’’ for ‘‘and the Pan-American Games’’. Subsec. (c)(4). Pub. L. 116–189, § 4(a)(5)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘recognize eligible amateur sports organiza- tions as national governing bodies for any sport that is included on the program of the Olympic Games or the Pan-American Games, or as paralympic sports organi- zations for any sport that is included on the program of the Paralympic Games;’’. Subsec. (c)(5). Pub. L. 116–

Source: Supplied 2024 U.S. Code historical extraction · 36 U.S.C. § 220506

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