Published today:
Statement from USOC Chief Communications and Public Affairs Officer Patrick Sandusky:
“Thanks to all of you who have posted, tweeted, emailed and called regarding the letter sent to the organizers of the Ravelympics.
Like you, we are extremely passionate about what we do. And, as you may know, the United States Olympic Committee is a non-profit entity, and our Olympic team receives no government funding. We are totally dependent on our sponsors, who pay for the right to associate with the Olympic Movement, as well as our generous donors to bring Team USA to the Games.
The letter sent to the organizers of the Ravelympics was a standard-form cease and desist letter that explained why we need to protect our trademarks in legal terms. Rest assured, as an organization that has many passionate knitters, we never intended to make this a personal attack on the knitting community or to suggest that knitters are not supportive of Team USA.
We apologize for any insult and appreciate your support. We embrace hand-crafted American goods as we currently have the Annin Flagmakers of New Jersey stitching a custom-made American flag to accompany our team to the Olympic Games in London. To show our support of the Ravelry community, we would welcome any handmade items that you would like to create to travel with, and motivate, our team at the 2012 Games.”
So, I have great difficult believeing that a standard-form cease and desist letter includes a description of such activities as an afghan marathon as denigrating athletes.
Next, the irony of stating that such activities denigrate athletes, but "we would welcome any handmade items that you would like to create. . ." And mentioning their flag which is in fact a fund raiser for the USOC; hardly the same as Ravelympics in which no money changes hands.
The good thing in all this is that Ravelers' voices were heard.
Thursday, June 21, 2012
Wednesday, June 20, 2012
And the little guy stands up . . .
Since I seldom post, I don't know if I actually have any readers. But today I have something to write about.
I'm a member of Ravelry, a knitting/crocheting web community of more than 2 million members spanning the world. Today one of the creators of Ravelry posted a letter from the U.S. Olympic Committee' legal department stating that Ravelry could no longer use the name "Ravelympics". This name has been used since 2008 for fiber crafting competitions to go along with watching the Olympics. No one pays for this competition. It does not take away from the Olympics; rather it adds viewers since many thousands cast on their projects while watching the opening ceremonies. It is meant as homage to the actual Games.
Also in the letter, this law clerk stated that such competitions as scarf hockey and afghan marathon denigrates the athletes. Ironically, in the beginning of the letter he mentions how the Games were meant to promote "tolerance".
I think this is yet one more example of a big corporation using lawyers to bully others. I'm sure this law clerk did not expect the response. From posts on Ravelry, I have heard of many who have already called the USOC to complain; several have called sponsoring corporations to complain; there are hundreds of posts on the USOC Facebook page; hundreds of tweets have gone out; and on and on.
I don't know if any of this will make a difference, but it sure feels good to try. My plan is to write an indignant letter and send it to every American corporation sponsoring the Games. Cynically I think my letters will be ignored, but maybe I can make a difference.
Here is the letter:
Dear Mr. Forbes,
In March 14, 2011, my colleague, Carol Gross, corresponded with your attorney, Craig Selmach [sic], in regard to a pin listed as the “2010 Ravelympic Badge of Glory.” At that time, she explained that the use of RAVELYMPIC infringed upon the USOC’s intellectual property rights, and you kindly removed the pin from the website. I was hoping to close our file on this matter, but upon further review of your website, I found more infringing content.
By way of review, the USOC is a non-profit corporation chartered by Congress to coordinate, promote and govern all international amateur athletic activities in the United States. The USOC therefore is responsible for training, entering and underwriting U.S. Teams in the Olympic Games. Unlike the National Olympic Committees of many other countries, the USOC does not rely on federal funding to support all of its efforts. Therefore, in order to fulfill our responsibilities without the need for federal funding, Congress granted the USOC the exclusive right to use and control the commercial use of the word OLYMPIC a and any simulation or combination thereof in the United States, as well as the OLYMPIC SYMBOL. See the Olympic and Amateur Sports Act, 36 U.S.C. §220501 et seq. (the “Act”). (A copy of the relevant portion of the Act is enclosed for your convenience.) The Act prohibits the unauthorized use of the Olympic Symbol or the mark OLYMPIC and derivations thereof for any commercial purpose or for any competition, such as the one organized through your website. See 36 U.S.C. §220506(c). The USOC primarily relies on legitimate sponsorship fees and licensing revenues to support U.S. Olympic athletes and finance this country’s participation in the Olympic Games. Other companies, like Nike and Ralph Lauren, have paid substantial sums for the right to use Olympic-related marks, and through their sponsorships support the U.S. Olympic Team. Therefore, it is important that we restrict the use of Olympic marks and protect the rights of companies who financially support Team USA.
In addition to the protections of the Act discussed above, the USOC also owns numerous trademark registration that include the mark OLYMPIC. These marks therefore are protected under the Lanham Act, 15 U.S.C. §1051 et seq. Thus, Ravelry.com’s unauthorized use of the mark OLYMPIC or derivations thereof, such as RAVELYMPICS, may constitute trademark infringement, unfair competition and dilution of our famous trademarks.
The USOC would like to settle this matter on an amicable basis. However, we must request the following actions be taken.
1. Changing the name of the event, the “Ravelympics.”; The athletes of Team USA have usually spent the better part of their entire lives training for the opportunity to compete at the Olympic Games and represent their country in a sport that means everything to them. For many, the Olympics represent the pinnacle of their sporting career. Over more than a century, the Olympic Games have brought athletes around the world together to compete in an event that has come to mean much more than just a competition between the world’s best athletes. The Olympic Games represent ideals that go beyond sport to encompass culture and education, tolerance and respect, world peace and harmony.
The USOC is responsible for preserving the Olympic Movement and its ideals within the United States. Part of that responsibility is to ensure that Olympic trademarks, imagery and terminology are protected and given the appropriate respect. We believe using the name “Ravelympics” for a competition that involves an afghan marathon, scarf hockey and sweater triathlon, among others, tends to denigrate the true nature of the Olympic Games. In a sense, it is disrespectful to our country’s finest athletes and fails to recognize or appreciate their hard work.
It looks as if this is the third time that the Ravelympics have been organized, each coinciding with an Olympic year (2008, 2010, and 2012). The name Ravelympics is clearly derived from the terms “Ravelry” (the name of your website) and OLYMPICS, making RAVELYMPICS a simulation of the mark OLYMPIC tending to falsely suggest a connection to the Olympic Movement. Thus, the use of RAVELYMPICS is prohibited by the Act. Knowing this, we are sure that you can appreciate the need for you to re-name the event, to something like the Ravelry Games.
1. Removal of Olympic Symbols in patterns, projects, etc. As stated before, the USOC receives no funding from the government to support this country’s Olympic athletes. The USOC relies upon official licensing and sponsorship fees to raise the funds necessary to fulfill its mission. Therefore, the USOC reserves use of Olympic terminology and trademarks to our official sponsors, suppliers and licensees. The patterns and projects featuring the Olympic Symbol on Ravelry.com’s website are not licensed and therefore unauthorized. The USOC respectfully asks that all such patterns and projects be removed from your site.
For your convenience, we have listed some of the patterns featuring Olympic trademarks. However, this list should be viewed as illustrative rather than exhaustive. The USOC requests that all patterns involving Olympic trademarks be removed from the website. We further request that you rename various patterns that may not feature Olympic trademarks in the design but improperly use Olympic in the pattern name.
http://www.ravelry.com/patterns/library/olympics-rings-af...\
http://www.ravelry.com/patterns/library/vancouver-2010-ol...
http://www.ravelry.com/patterns/library/2010-olympics-inu...
http://www.ravelry.com/patterns/library/olympic-swimmer-d...
http://www.ravelry.com/patterns/library/2008-olympic-ring...
http://www.ravelry.com/patterns/library/olympic-rings-nec...
http://www.ravelry.com/patterns/library/bode-miller-hat-2...
http://www.ravelry.com/patterns/library/usa-olympic-hat
http://www.ravelry.com/projects/belgianwaffleknit/usa-oly...
Thank you for your time and attention to this matter. We would appreciate a written reply to this letter by no later than June 19, 2012. If you would like to discuss this matter directly, please feel free to contact me at the number above, or you may reach my colleague, Carol Gross.
Kindest Regards,
Brett Hirsch
Law Clerk
Office of the General Counsel
United States Olympic Committee
1 Olympic Plaza
Colorado Springs, CO 80909
I'm a member of Ravelry, a knitting/crocheting web community of more than 2 million members spanning the world. Today one of the creators of Ravelry posted a letter from the U.S. Olympic Committee' legal department stating that Ravelry could no longer use the name "Ravelympics". This name has been used since 2008 for fiber crafting competitions to go along with watching the Olympics. No one pays for this competition. It does not take away from the Olympics; rather it adds viewers since many thousands cast on their projects while watching the opening ceremonies. It is meant as homage to the actual Games.
Also in the letter, this law clerk stated that such competitions as scarf hockey and afghan marathon denigrates the athletes. Ironically, in the beginning of the letter he mentions how the Games were meant to promote "tolerance".
I think this is yet one more example of a big corporation using lawyers to bully others. I'm sure this law clerk did not expect the response. From posts on Ravelry, I have heard of many who have already called the USOC to complain; several have called sponsoring corporations to complain; there are hundreds of posts on the USOC Facebook page; hundreds of tweets have gone out; and on and on.
I don't know if any of this will make a difference, but it sure feels good to try. My plan is to write an indignant letter and send it to every American corporation sponsoring the Games. Cynically I think my letters will be ignored, but maybe I can make a difference.
Here is the letter:
Dear Mr. Forbes,
In March 14, 2011, my colleague, Carol Gross, corresponded with your attorney, Craig Selmach [sic], in regard to a pin listed as the “2010 Ravelympic Badge of Glory.” At that time, she explained that the use of RAVELYMPIC infringed upon the USOC’s intellectual property rights, and you kindly removed the pin from the website. I was hoping to close our file on this matter, but upon further review of your website, I found more infringing content.
By way of review, the USOC is a non-profit corporation chartered by Congress to coordinate, promote and govern all international amateur athletic activities in the United States. The USOC therefore is responsible for training, entering and underwriting U.S. Teams in the Olympic Games. Unlike the National Olympic Committees of many other countries, the USOC does not rely on federal funding to support all of its efforts. Therefore, in order to fulfill our responsibilities without the need for federal funding, Congress granted the USOC the exclusive right to use and control the commercial use of the word OLYMPIC a and any simulation or combination thereof in the United States, as well as the OLYMPIC SYMBOL. See the Olympic and Amateur Sports Act, 36 U.S.C. §220501 et seq. (the “Act”). (A copy of the relevant portion of the Act is enclosed for your convenience.) The Act prohibits the unauthorized use of the Olympic Symbol or the mark OLYMPIC and derivations thereof for any commercial purpose or for any competition, such as the one organized through your website. See 36 U.S.C. §220506(c). The USOC primarily relies on legitimate sponsorship fees and licensing revenues to support U.S. Olympic athletes and finance this country’s participation in the Olympic Games. Other companies, like Nike and Ralph Lauren, have paid substantial sums for the right to use Olympic-related marks, and through their sponsorships support the U.S. Olympic Team. Therefore, it is important that we restrict the use of Olympic marks and protect the rights of companies who financially support Team USA.
In addition to the protections of the Act discussed above, the USOC also owns numerous trademark registration that include the mark OLYMPIC. These marks therefore are protected under the Lanham Act, 15 U.S.C. §1051 et seq. Thus, Ravelry.com’s unauthorized use of the mark OLYMPIC or derivations thereof, such as RAVELYMPICS, may constitute trademark infringement, unfair competition and dilution of our famous trademarks.
The USOC would like to settle this matter on an amicable basis. However, we must request the following actions be taken.
1. Changing the name of the event, the “Ravelympics.”; The athletes of Team USA have usually spent the better part of their entire lives training for the opportunity to compete at the Olympic Games and represent their country in a sport that means everything to them. For many, the Olympics represent the pinnacle of their sporting career. Over more than a century, the Olympic Games have brought athletes around the world together to compete in an event that has come to mean much more than just a competition between the world’s best athletes. The Olympic Games represent ideals that go beyond sport to encompass culture and education, tolerance and respect, world peace and harmony.
The USOC is responsible for preserving the Olympic Movement and its ideals within the United States. Part of that responsibility is to ensure that Olympic trademarks, imagery and terminology are protected and given the appropriate respect. We believe using the name “Ravelympics” for a competition that involves an afghan marathon, scarf hockey and sweater triathlon, among others, tends to denigrate the true nature of the Olympic Games. In a sense, it is disrespectful to our country’s finest athletes and fails to recognize or appreciate their hard work.
It looks as if this is the third time that the Ravelympics have been organized, each coinciding with an Olympic year (2008, 2010, and 2012). The name Ravelympics is clearly derived from the terms “Ravelry” (the name of your website) and OLYMPICS, making RAVELYMPICS a simulation of the mark OLYMPIC tending to falsely suggest a connection to the Olympic Movement. Thus, the use of RAVELYMPICS is prohibited by the Act. Knowing this, we are sure that you can appreciate the need for you to re-name the event, to something like the Ravelry Games.
1. Removal of Olympic Symbols in patterns, projects, etc. As stated before, the USOC receives no funding from the government to support this country’s Olympic athletes. The USOC relies upon official licensing and sponsorship fees to raise the funds necessary to fulfill its mission. Therefore, the USOC reserves use of Olympic terminology and trademarks to our official sponsors, suppliers and licensees. The patterns and projects featuring the Olympic Symbol on Ravelry.com’s website are not licensed and therefore unauthorized. The USOC respectfully asks that all such patterns and projects be removed from your site.
For your convenience, we have listed some of the patterns featuring Olympic trademarks. However, this list should be viewed as illustrative rather than exhaustive. The USOC requests that all patterns involving Olympic trademarks be removed from the website. We further request that you rename various patterns that may not feature Olympic trademarks in the design but improperly use Olympic in the pattern name.
http://www.ravelry.com/patterns/library/olympics-rings-af...\
http://www.ravelry.com/patterns/library/vancouver-2010-ol...
http://www.ravelry.com/patterns/library/2010-olympics-inu...
http://www.ravelry.com/patterns/library/olympic-swimmer-d...
http://www.ravelry.com/patterns/library/2008-olympic-ring...
http://www.ravelry.com/patterns/library/olympic-rings-nec...
http://www.ravelry.com/patterns/library/bode-miller-hat-2...
http://www.ravelry.com/patterns/library/usa-olympic-hat
http://www.ravelry.com/projects/belgianwaffleknit/usa-oly...
Thank you for your time and attention to this matter. We would appreciate a written reply to this letter by no later than June 19, 2012. If you would like to discuss this matter directly, please feel free to contact me at the number above, or you may reach my colleague, Carol Gross.
Kindest Regards,
Brett Hirsch
Law Clerk
Office of the General Counsel
United States Olympic Committee
1 Olympic Plaza
Colorado Springs, CO 80909
Subscribe to:
Posts (Atom)