San Francisco Arts & Athletics, Inc. v. USOCUnited States Supreme Court

483 U.S. 522 (1987)

Key Search Terms: trademark, Amateur Sports Act of 1978, 5th

Amendment, 1st Amendment, Lanham Act, USOC

FactsSan Francisco Arts and Athletics, Inc. (“SFAA”), a nonprofit California corporation, promoted the “Gay Olympic Games” to be held in 1982 by using those words on its letterheads and mailings, in local newspapers, and on various merchandise. The USOC informed the SFAA of the existence of Section 110 of the Amateur Sports Act of 1978 (“Act”) which grants the USOC the right to prohibit certain commercial and promotional uses of the word “Olympic.” When the USOC requested that the SFAA terminate its use of the word “Olympic” and the SFAA failed to do so, the USOC brought suit in Federal District court for injunctive relief. The SFAA appealed, but the Court of Appeals affirmed which was then heard by the Supreme Court

IssueDoes the USOC’s trademark of the word “Olympic” from the Amateur Sports Act prohibit other entities from using the word?

HoldingThe Supreme Court held that the language of the Act did not mean that the USOC had nothing more than a trademark in the word “Olympic.” The use of the word “Olympic” by others is prohibited even if such use does not cause confusion. Also, the court held that the word “Olympic” is not a generic word that could not gain trademark protection under the Lanham Act. The commercial and promotional value of the word was the product of the USOC’s talent and energy and the end result of much time, effort, and expertise. Furthermore, the First Amendment does not prohibit Congress from authorizing the exclusive use of a word without requiring the authorized user prove that an unauthorized use is likely to cause confusion. Here, by prohibiting the use of one word for particular purposes, neither Congress nor the USOC prohibited the SFAA from conveying its message. Lastly, the USOC did not enforce its Section 110 rights under the Act in a discriminatory manner in violation of the Fifth Amendment because the USOC is not a governmental actor to whom the Fifth Amendment applies. The fact that Congress granted it a corporate charter did not render the USOC a government agent.

Summarized by: Leslie Adams