BILL ANALYSIS
S.B. 529
By: Wentworth (Siebert)
4-25-95
Committee Report (Unamended)
BACKGROUND
The United States Olympic Committee (USOC) is not a government-funded organization. Protection of the USOC's trademarks under
federal law is an asset which the USOC uses to raise funds.
Trademark protection at the state level will aid in the USOC's
ability to fund America's Olympic athletes.
PURPOSE
As proposed, S.B. 529 prohibits a person from using any sign or
symbol relating to the Olympics with intent to gain financially
from the act without the consent from the U.S. Olympic Committee.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 16C, Business & Commerce Code, by adding
Section 16.30, as follows:
Section 16.30. OLYMPIC SYMBOLS. (a) Prohibits a person from
using certain symbols, emblems, trademarks or trade names, or
the words "Olympic," "Olympiad," "Citius Altius Fortius," or
any combination without the permission of the U.S. Olympic
Committee, for the purpose of trade, to induce the sale of
goods or services, or to promote a theatrical exhibition,
athletic performance, or competition.
(b) Provides that upon violation of Subsection (a), the U.S.
Olympic Committee is entitled to the remedies available to a
registrant on infringement of a mark registered under this
chapter.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
The Business and Industry Committee considered S.B. 529 in a public
hearing on April 25, 1995. No public testimony was taken. The
bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 (seven) ayes, 0 (zero) nays, 0 (zero) present-not-voting, 2 (two)
absent.