Homo U.S. Olympic Committee Targets the Northwest’s Large, Hairy Gay Men
posted by on July 23 at 11:42 AM
Today brings a story that seems too good—by which I mean too hilarious—to be true. And yet it is.
At the center of the saga is the annual summer campout of the Northwest Bears, the (hairy) gay men’s social and service organization that, as you may recall, won The Stranger’s first annual Pride Parade float contest. The “drama,” as it is, comes from the name selected for this year’s bear campout: Kamp Kodiak 2008 “Olympic Village.”
First came the U.S. Olympic Committee’s astounding cease-and-desist letter:
Dear Mr. Fotter,The United States Olympic Committee (“USOC”) recently became aware that the NorthWest Bears Club (“NWBC”) is promoting an event called Kamp Kodiak 2008 “Olympic Village” from August 7-11th in at the Miller River Campground. The USOC has not given NWBC permission to use the word OLYMPIC, the Olympic Symbol or the Torch image in conjunction with this event and objects any attempt to misappropriate the goodwill associated with those marks.
Congress granted the USOC the exclusive right to control all commercial use of Olympic imagery and terminology in the United States, including the Olympic Symbol and the word OLYMPIC, or simulation of those marks tending to cause confusion or mistake, to deceive, or to falsely suggest a connection with the corporation or any Olympic Games activity. See The Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. §220501 et seq. (the “Act”). The Act also allows the USOC to file a civil action against any unauthorized commercial use of the word OLYMPIC “for the purpose of trade [or] to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition.” NWBC’s use of the mark OLYMPIC in connection with this event without permission from the USOC clearly is prohibited under the Act. NWBC’s use of the mark OLYMPIC therefore may give rise to claims of trademark infringement, unfair competition, and false advertising. In addition, NWBC’s use of the mark OLYMPIC dilutes the fame of the USOC’s OLYMPIC trademarks, weakening their value and therefore impairing the USOC’s ability to support U.S. athletes.
Unlike the National Olympic Committees of many other countries, the USOC does not rely on federal funding to support all of its efforts. We raise the money we need to feed, house, and train U.S. athletes primarily by public fundraising and by licensing the use of the Olympic marks, images and terminology to our official sponsors, suppliers, and licensees. These legitimate license and sponsorship fees house, feed, train and otherwise support U.S. Olympic athletes, and finance this country’s participation in the Olympic Games. Other companies such as McDonald’s and Coke have paid substantial sums to the USOC for the right to use Olympic-related marks, and through their sponsorships have supported U.S. athletes for years. On the other hand, NWBC has no official relationship with the USOC and therefore is not authorized to use any Olympic imagery or terminology.
The USOC is requesting that the NWBC change the terminology and imagery associated with this event. Accordingly, the USOC requests that NWBC take the necessary steps to remove all usages pertaining to the event, and ensure that Olympic terminology and imagery will not be used for any future NWBC function. In short, the USOC request that NWBC:
1. Ensure that all steps have been taken to remove the Olympic imagery and terminology from any internet site, advertisement enrollment form or signage that is in place to promote this event;
2. Refrain from using Olympic terminology in reference to the specific competitions by renaming such festivities as: Big Ass Bear Olympics with Dr. Bob and the Olympic Board Game Competitions;
3. Refrain from using Olympic terminology or engaging in any other commercial activities in violation of the Act in the future.
Please acknowledge your understanding of our position and your agreement of these conditions by return e-mail reply to my attention prior to the start of the August event. If you would like to discuss this matter directly, please feel free to contact me at XXX-XXX-XXXX.
Sincerely,
CAROL GROSS
UNITED STATES OLYMPIC COMMITTEE
One Olympic Plaza, Colorado Springs, CO 80909
www.usolympicteam.com
The Bears’ hilarious back-n-forth with Ms. Gross is continued after the jump.
Missive #2, sent from NW Bear Brendan McDonald to Carol Gross of the U.S. Olympic Committee:
Dear Ms. Gross:It is with bewilderment and amusement that we received your letter asking our friendly local club to refrain from using the term “Olympic” for our annual camping trip at the Miller River Campground Aug. 7-11. I am the chief organizer of this event, and consider myself fairly representative of the Northwest Bears and Northwesterners in general. Let me give a little background on myself, and perhaps you will see the inherent paradox.
I was born on a small logging town on the Olympic Peninsula of Washington State at Olympic Memorial Hospital. My family and I enjoyed spending vacations at Olympic National Park, where our favorite spot was the Olympic Hot Springs. I was able to finish high school one year early due to credits earned through Olympic Community College in Bremerton. I then attended college in Olympia, the capital of Washington State since 1889, where I belonged to a club that spent weekends hiking in the Olympic Mountains. I earned my way through college by working at the Olympic Boat Center, knowing more about boats than cars due to my upbringing in this Olympic environment. Upon graduation, I moved to the community of Bellingham, where I lived on Olympic Drive, until I moved near Seattle, where I enjoy having guests stay at its premier hotel, the Olympic Four Seasons.
Please do not interpret my remarks as disrespectful. I am certain that you are simply a working person like ourselves. Basically, we are just a group of easy-going software engineers, loggers, aerospace workers, cancer researchers, and baristas trying to put salmon and cappuccino on the table just like anyone else. But I hope that you will appreciate that we consider anything “Olympic” to be our birthright, our heritage, and part of our local culture, and that we balk at anyone who suggests that we have no inherent right to this term.
That having been said, we also understand that you have the law on your side. Remove the name “Olympic” from our website? Done. The Olympic Torch? The rings? Even Dr. Bob’s Big Ass Bear Olympics? Done, done, and done. We are 100% clean, and now you can check us off of your hit list.
Best regards to the Committee,
Brendan McDonaldP.S. The Northwest Bears would like you to know that we are breathing a collective sigh of relief that the Miller River Campground is in the Cascade Mountains, and not the Olympics.
Missive #3 is Carol Gross’ retort:
Dear Brendan,I appreciate the strong ties you have to the Olympic Peninsula Region of the Pacific Northwest. As thankful as you are that the Miller River Campground is in the Cascades rather than the Olympics, I am just as pleased that you have chosen the mark 2008 Bear-jing rather than Bear-jing 2008, as the latter would have been considered a simulation of our trademark: Beijing 2008, and would have also run afoul of our legislation.
Most of the references that you illustrated qualify for a geographic exemption under the Ted Stevens Olympic and Amateur Sports Act, and are therefore entitled to use Olympic terminology. And the one commercial business you mentioned, the Olympic Boat Center also enjoys rights to the Olympic trademark because it was grandfathered in prior to the enactment of our legislation.
Thank you for agreeing to make the requested changes, and for also re-naming Dr. Bob’s event from “Olympic” to “Gaygames”. We will close our file on this matter.
Most sincerely,
CAROL GROSS
Closing thoughts from Brendan, sent to me:
Of course, our big question is this: How did they find us out? Kamp Kodiak is a members only, not-for-profit event, not unlike a summer church picnic, except of course that it’s a bit more left of center…Anyway, watch your backside. Big Brother is watching…
Deep thanks to everyone who made this Slog post possible. I can’t believe I’ve lived this long knowing nothing about the geographic exemptions under the Ted Stevens Olympic and Amateur Sports Act. (And have fun in the woods, Bears!)
Does a bear camp in the woods? Now we know.
Glad to know I'm not the only one who survived Forks...
Priceless.
At least she has somewhat of a sense of humor.
This should be the SLOG POST OF THE DAY.
Hee-larious! Even more so for the begrudging admission Mr. Fotter's response elicited from the USOC lawyer, that um, gee, other places and entities are also known by the word "Olympic", and um, so, yeah, we don't really have EXCLUSIVE right to that word, like we, er, initially claimed we had.
A lesson to be filed for future reference...
The Olympic trademark gestapo are the ultimate party poopers - they pulled this same shit with the long-running Oyster Olympics event held as a fundraiser for the Puget Soundkeepers Alliance, a local non-profit that works to clean (and keep clean) the waters of Puget Sound.
That reply from Brendan McDonald brought tears of laughter to my eyes. Completely hilarious.
I thought it was, um common knowledge, that the word OLYMPICS was trademarked. That is why my school had the Science Olympiad and not Science OLYMPICS.
Isn't being a bear about being fat, too?
Brendan McDonald's response is priceless. Absolutely pitch perfect from beginning to end. He should win some sort of prize for that. Fucking hilarious.
Couldn't they still us the Olympic terminology because of this part of the letter: "Most of the references that you illustrated qualify for a geographic exemption under the Ted Stevens Olympic and Amateur Sports Act, and are therefore entitled to use Olympic terminology." They can just say that they are using the word Olympic b/c of the geographic area it is taking place in. Nevertheless, hilarious post!
How'd they find you out? Google Alerts, no doubt.
Dear Brendan McDonald:
The Procter & Gamble Company (hereinafter referred to as "P&G") recently became aware that the NorthWest Bears Club (“NWBC”) is promoting an event from August 7-11th in at the Miller River Campground in the CASCADE Mountains.
P&G manufactures consumer products and sells them throughout the United States. These products include CASCADE dishwashing detergent, and many other food, laundry, cleaning and personal care products.
NWBC’s use of the mark CASCADE therefore may give rise to claims of trademark infringement, unfair competition, and false advertising. In addition, NWBC’s use of the mark CASCADE dilutes the fame of P&G's trademarks, weakening their value.
P&G is requesting that the NWBC change the terminology and imagery associated with this event. Accordingly, P&G requests that NWBC take the necessary steps to remove all usages pertaining to the event, and ensure that CASCADE terminology and imagery will not be used for any future NWBC function.
Har! Thank you for that, Quixtar.
Awesome, particularly your addition, Quixtar. I actually "LOL"ed as the kids say.
I want to see someone in Olympia send a cease-and-desist letter to the USOC.
The word Olympics is an ancient word. I don't think the current legislation would withstand a First Amendment legal challenge on the grounds of the legislation is trying to trademark a generic word. It is like trying to trademark all uses of the word "golf" or "sports".
@8 Have you actually met any bears, Non?
Non -
The definition of Bear refers to facial and body hair.. There are fat bears and not so fat bears... some people in the bear community refer to thin hairy guys as otters... but I don't consider a fat man with no body hair to be a bear...some call them 'chubs'
But since people will define themselves, it doesn't matter what I or anybody else thinks..
@Non:
"Bears" are gay men. Some are skinny, some are muscular, and some are fat. The common denominator is almost always the hairiness of the individual.
Bears generally are found on the larger side of the size continuum as a differential from the small/petite/skinny gay men found in mainstream gay culture.
I am offended that large corporations can reserve the right to words like Olympic, Olympiad, and Apple which have been in the English language for centuries - not only that but they bully the little guy.
Theft of language is still theft in my opinion.
Boycott these types of businesses!
Ms Gross is what we call, here in Canada, a cunt.
Usually the USOC "finds people out" by someone (usually a sponsor) turning in a newspaper article or an event advertisement. If you look around the internet, you can see that the USOC is pretty consistent about going after *everyone* who infringes their marks.
Plus, it's a FEDERAL LAW that grants the USOC the right to those marks:
http://www4.law.cornell.edu/uscode/uscode36/usc_sec_36_00220506----000-.html
If you have a problem with it, don't bitch on a message board; write a congressman.
You Jamie - are an ignorant Canadian
#11...Colorado Springs...James Dobson...Focus on the Family...
...nothing like an overzealous paralegal drowning in a thimble of power...
The legal statute cited by Ms. Gross actually gives a much broader allowance for use of the term "Olympic(s)" in the State of Washington than she implies. The term may be used by residents, organizations and businesses in Western Washington so long as its use is in clear reference to the geographic region.
Please note that you'll probably still get a nasty, little cease and desist notice from Ms. Gross...she does so like writing them...but even she knows that the law is clear in this exception...
Here's the actual statute that defines the trademark rights and exceptions:
http://www.law.cornell.edu/uscode/html/uscode36/usc_sec_36_00220506----000-.html
TITLE 36 > Subtitle II > Part B > CHAPTER 2205 > SUBCHAPTER I > § 220506
§ 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;
(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.
(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;
(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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