Intellectual Property Law

Olympic Cellars and USOC Settle "Olympic" Trademark Dispute

By Michael Atkins

The Seattle Times reported yesterday that the United States Olympic Committee and the Olympic Peninsula’s Olympic Cellars Winery have entered into a settlement in which the winery will keep its “Olympic” name and domain name on the condition that its “wine sales east of the Cascade Mountains are not ‘substantial.’” (Previous STL coverage here.)

The Times was not privy to other terms of the agreement.

The settlement appears to mirror the language contained in the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. § 220501, et seq., which vests the USOC with a near monopoly on the word “Olympic.” Section 220506(d) of the statute excepts trade names and trademarks when “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 “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.”

Despite the settlement, Olympic Cellars remains unhappy. Its Web site states:

“By forcing Olympic Peninsula businesses to be local in nature and restricting sales to the Olympic Peninsula, it unjustly limits our ability to grow, be competitive and survive. Sure, we could change our business names. It certainly would be easier, cheaper and less hassle. But that means shedding our heritage as well; basically giving in and giving up. And we just can?t do that.

“It makes far more sense for the USOC to simply limit its investigation to activities and companies outside the Olympic Peninsula using the mark OLYMPIC, and sue those who would try to create an association with, or trade upon the goodwill of the USOC, the U.S. Olympic Team or the Olympic Games for commercial use.

“Unfortunately, the bigger picture has been lost.

“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.”

I completely agree.

Full post as published by Seattle Trademark Lawyer on July 30, 2008 (boomark / email).