H. B. 2279



(By Delegates Smirl and Johnson)


[Introduced January 18, 1999; referred to the

Committee on the Judiciary.]



A BILL to amend and reenact section eighteen, article two, chapter
forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to Olympic symbols; prohibiting the unauthorized use of Olympic symbols in trade; entitling the United States Olympic committee and the international Olympic committee to the remedies available to an owner or registrant of a trademark under this chapter; and deleting severability clause.

Be it enacted by the Legislature of West Virginia:
That section eighteen, article two, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. TRADEMARKS IN GENERAL.
§47-2-18. Olympic symbols.
If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this article shall not be affected thereby.
(a) Without the permission of the United States Olympic committee or the international Olympic committee, a person may not for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition, use:
(1) The symbol of the international Olympic committee, consisting of five interlocking rings;
(2) The emblem of the United States Olympic committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief;
(3) A trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the international Olympic committee or the United States Olympic committee; or
(4) The words "Olympic", "olympiad", or "citius altius fortius" or a combination or simulation of those words that tends to cause confusion or mistake, to deceive, or to suggest falsely a connection with the United States Olympic committee or an Olympic activity.
(b) On violation of subsection (a), the United States Olympic committee is entitled to the remedies available to a registrant or owner on infringement of a trademark registered under this chapter.


NOTE: The purpose of this bill is prohibit the unauthorized use of Olympic symbols in trade and to give the United States Olympic Committee and the International Olympic Committee the ability to use West Virginia trademark statutes to protect its symbols from unauthorized use. This bill also deletes the severability clause.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.