By Wentworth S.B. No. 529
74R3845 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to remedies for unauthorized use of certain Olympic
1-3 symbols.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 16, Business & Commerce
1-6 Code, is amended by adding Section 16.30 to read as follows:
1-7 Sec. 16.30. OLYMPIC SYMBOLS. (a) Without the permission of
1-8 the United States Olympic Committee, a person may not, for the
1-9 purpose of trade, to induce the sale of goods or services, or to
1-10 promote a theatrical exhibition, athletic performance, or
1-11 competition, use:
1-12 (1) the symbol of the International Olympic Committee,
1-13 consisting of five interlocking rings;
1-14 (2) the emblem of the United States Olympic Committee,
1-15 consisting of an escutcheon having a blue chief and vertically
1-16 extending red and white bars on the base with five interlocking
1-17 rings displayed on the chief;
1-18 (3) a trademark, trade name, sign, symbol, or insignia
1-19 falsely representing association with or authorization by the
1-20 International Olympic Committee or the United States Olympic
1-21 Committee; or
1-22 (4) the words "Olympic," "Olympiad," or "Citius
1-23 Altius Fortius" or a combination or simulation of those words that
1-24 tends to cause confusion or mistake, to deceive, or to suggest
2-1 falsely a connection with the United States Olympic Committee or an
2-2 Olympic activity.
2-3 (b) On violation of Subsection (a), the United States
2-4 Olympic Committee is entitled to the remedies available to a
2-5 registrant on infringement of a mark registered under this chapter.
2-6 SECTION 2. (a) The change in law made by this Act applies
2-7 only to a violation of Section 16.30, Business & Commerce Code, as
2-8 added by this Act, committed on or after the effective date of this
2-9 Act. For purposes of this section, a violation is committed before
2-10 the effective date of this Act if any element of the violation
2-11 occurs before that date.
2-12 (b) A violation committed before the effective date of this
2-13 Act is covered by the law in effect when the violation was
2-14 committed, and the former law is continued in effect for that
2-15 purpose.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.