Olympic Prison,"designed by Andy Hall and Michael Kroll, produced for the New
York Moratorium on Prison Construction and the National Moratorium on
the Olympic Prison poster
This poster was produced in 1979 as part of a campaign to challenge plans to convert the Olympic athletes' dormitory facilities into a state prison afterwards.
poster made legal history when the National Moratorium on Prison
Construction (NMPC) received a "cease and desist" letter from the U.S.
Olympic Committee, and responded by filing a suit claiming
"anticipatory breach of First Amendment" rights.
The NMPC prevailed in court. Below is an excerpt from a web article by the Utah ACLU
"The Amateur Sports Act, 36 U.S.C. 380, gives the International Olympic Committee the exclusive right to prevent any person from using the following items for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition:
If the use of words
or simulation of words in the Amateur Sports Act is purely non-commercial,
the use may not infringe on IOC's trademark, Stop the Olympic Prison v.
United States Olympic Committee, 489 F. Supp. 1112 (S.D.N.Y 1980). In
STOP, the organization made a poster stating "STOP the Olympic Prison"
and used the five rings symbol superimposed on bars to represent a prison.
The court held that Congress' intent was to prevent confusion or deception
in order to prevent false impressions of sponsorship. It was not to create
a blanket prohibition of all uses, both commercial and non-commercial.
Finding in favor of STOP, unless they used the Olympic symbol to advance
one of its own products or services, the use would be permitted without
violating any of USOC's trademark rights."
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