... I think it is OK for us to use the gold, silver and bronze designations (without fear of infringing on any rights held by the Olympics).
Here is what #1 son had to say:
>> The primary question with trademark is "likelihood of confusion" as to the source of goods or services. It is unlikely that the IOC, USOC or any other body has managed to get a registration for "gold", "silver" or "bronze" because they are so generic and are not associated exclusively with the Olympics. I would say it would be very, very difficult for the IOC to assert a trademark in the medals alone, especially since so many other athletic bodies use these medals there is almost no likelihood of confusion that using these medals in some other designation would imply that the IOC endorses or are the source for any goods or services associated.
>> Trademark rights in general can only be asserted in a commercial circumstance because it relates to source of good or services.
>> As far as copyright goes the IOC could assert a copyright on specific designs used on the medals themselves. They could also assert trademark rights if the designs were used to identify goods or services associated with the Olympics (for example the specific design associated with that
particular Olympics).
>> A Copyright interest in a design could be asserted regardless of whether the design is used for commercial purposes or not.
Which pretty much answers our question: use by the club of the gold, silver & bronze designations would not violate any possible trademark held by the IOC and as long as we don't copy the specific design of any Olympic medal, it won't violate any copyright, either.
Sorry if I'm beating a dead horse, but it didn't look so dead when I read the thread.
----- jim o\-S
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