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Wait... doesn't the Bush Olympic ad violate Federal Law?

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MallRat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-23-04 02:38 PM
Original message
Wait... doesn't the Bush Olympic ad violate Federal Law?
First of all, the script from the ad:

    Script for "Victory"

    President Bush:
    I'm George W. Bush and I approve this message.

    Voice Over:
    In 1972...there were 40 democracies in the world.
    Today...120.
    Freedom is spreading throughout the world like a sunrise.
    And this Olympics... there will be two more free nations…
    And two fewer terrorist regimes.
    With strength, resolve and courage, democracy will triumph over terror.
    And, hope will defeat hatred.

    Graphic:
    President Bush. Moving America Forward.

Unless the Bush campaign received an explicit endorsement from the USOC or the IOC, it would appear that they have violated U.S. Code 36, Statute 380.

    The following is United States Code 36 Statute 380, which governs the use of Olympics-related terms and marks.

    ¤ 380. Use of Olympic symbols, emblems, trademarks and names

    * (a) Unauthorized use; civil action; lawful use prior to September 21, 1950

    Without the consent of the Corporation, any person who 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 of the International Olympic Committee, consisting of 5 interlocking rings;

    (2) 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 ringsdisplayed on the chief;

    (3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the Corporation; or

    (4) the words "Olympic", "Olympiad", "Citius Altius Fortius", or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity; shall be subject to suit in a civil action by the Corporation for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946) (15 U.S.C. 1051 et seq.).

Bush-Cheney '04 sells a variety of campaign-related paraphenalia at their website. Thus, with the Victory commercial, they have induced the sale of goods without express consent of any Olympic body. This constitutes a violation of 36 USC 380.

Anyone thought about this? It only occurred to me today.

-MR
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Gunit_Sangh Donating Member (424 posts) Send PM | Profile | Ignore Mon Aug-23-04 02:42 PM
Response to Original message
1. A few days ago
The IOC asked * to stop running the ads. * said go cheney yourself

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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-23-04 02:43 PM
Response to Original message
2. My thought is they don't give a tinker's damn what laws they might be
violating for: They are not above the law, they are the law.
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Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-23-04 02:44 PM
Response to Original message
3. It's an illegal campaign contribution by the IOC.
Until it says otherwise in court, it stands to be fined an awful lot of money for whatever the Olympic trademark is financially worth.
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fertilizeonarbusto Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-23-04 02:45 PM
Response to Reply #3
5. IOC asked them
to cease and desist. They were dealt with contumely.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-23-04 02:47 PM
Response to Reply #3
7. They Have Protested The Usage, Sir
So it is not a contribution from them, but a clear infringement of trademark by the Republicans....

"LET'S GO GET THOSE BUSH BASTARDS!"
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Danger Duck Donating Member (464 posts) Send PM | Profile | Ignore Mon Aug-23-04 02:45 PM
Response to Original message
4. Sorry Charlie,
that governs explicit commercial use, not subsidiary sales. ABC news can report on the olympics, and ABC sells items on it's website as well.

The olympics can be used in a newsworthy context, but not as an endorsement. Bush is free to talk about it all he wants in his commercials, short of selling products with the olympic logo on it, or acting as if he is eing endorsed or is affiliated with the Olympics in a commercial sense.
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Danger Duck Donating Member (464 posts) Send PM | Profile | Ignore Mon Aug-23-04 02:46 PM
Response to Reply #4
6. It's still shameless
not unlike using the images of 9/11, ect.....
But it is legal.
Of course, you can litigate anything.
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