[npoc-voice] Re: [NCSG-Discuss] Notes from NCSG-EC Teleconference on 8 November 2011

[Milton L Mueller]

Yes, KK, thanks, I think that pretty much settles the USOC question.

On review of the statute and the history of its enactment, it is apparent that the primary purpose of these provisions is to secure to the USOC the commercial and promotional rights to all then-unencumbered uses of "Olympic" and other specified words, marks, and symbols, see United States Olympic Committee v. Intelicense Corp., S.A., 737 F.2d 263, 266, 222 USPQ 766, 768 (2d Cir.), cert. denied, 469 U.S. 982 (1984), but subject to the commercial rights that existed at the time of enactment’ (the statute referring to the protection of the Olympic mark). This case, clearly indicates that the USOC has commercial rights on the term Olympic and, thus, have commercial interests deriving from the name.

And here is another interesting article I came across, which in my eyes at least makes USOC purely a commercial enterprise: http://www.21mktg.com/docs/USOC_Sign_Citi-SportsBusiness_Journal.pdf

[Milton L Mueller] For clarification I would like to note that a couple of commenters in this debate have taken swipes at Syracuse University and particularly its athletics program. First, SU as a whole is NOT a member of NCSG or NCUC, although I think there is no doubt that it would be eligible. I do not purport to represent the U as a whole, and never have. The only member is the Internet Governance Project, which is a very small subsection of the U.

It is true, however, that college football and basketball programs now teeter on the edge of commercialism, although they are far, far less profit making than many people assume given the massive resources that have to be put into them (stadiums, equipment, etc.). But SUAthletics is not a member here, is not applying for membership, and if it did and it put forward as its representative an outsourced trademark lawyer, I would treat it in exactly the same way we have treated USOC.
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