Thursday, June 21, 2012

USOC , Sandosky And Ravelympics

It should not be news  by now.   Twitter, Facebook and all major websites are buzzing with this.It is actually all around the world So I am going to repost  the letter that the USOC sent to Ravelry.  I have to tell you that the biggest problem is not the trademark, but the uncaring and rude language of this letter.  How is it possible for  people not to proof read ,or if they do, how can you say this is acceptable, that is beyond me.. He actually apologized twice, and not very good apologies may I say.  The Apologies are at the end.

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

After the outrage from tens of thousands of emails , tweets and facebook comments these were his responses . These are his two apologies, insulting the intelligence of fiber crafters everywhere, they should all be fired.

Statement Update: ( THIS WAS the last one)

"As a follow-up to our previous statement on this subject, we would again like to apologize to the members of the Ravelry community. While we stand by our obligation to protect the marks and terms associated with the Olympic and Paralympic Movements in the United States, we sincerely regret the use of insensitive terms in relation to the actions of a group that was clearly not intending to denigrate or disrespect the Olympic Movement. We hope you’ll accept this apology and continue to support the Olympic Games."

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 how nice is mister Sandusky.  Now he wanted the knitters and crocheters to gift the athletes our denigrating garments for free.  I bet you he did not know how big Ravelry is and how Big the Crafting Community is.  I had no idea that the USOC was such a bully and that it had such  low standards when it comes to the defense of the trademark.  You know by now that everyone understood the Trademark isssue, what we did not understand were the insults, three times.  One in the letter you sent, that you claim is a standard C&D letter (liar) and then when you apologized you insulted us again by telling us that you will accept our donations.  You are so full of nothing, because in the end that is what you will have.You want our free stuff, I don't think so.

I will help the USA team, but not your organization.  You should be fired, your clerk should be fire, your PR should be fired.  You thought you were dealing with a couple of hundred people, well Mister Sandusky you have over 2,000,000,000 million people and more that believe you are a creep.  You will have to work yourself out of the hole you dug yourself into , but I don't know how. Every time I think of the USA Team and the USOC all that comes to mind is how CONDESCENDING and RUDE you three people are.  If the company that you represented USOC has the same values shown in the letters and apologies that you gave to the people you offended, I want nothing to do with you.  I am sure that as days go by , you will realize not only how far up your arse you put your head, but that at the same time you put your foot down your throat.  A very difficult situation to Unravel , no pun intended yourself from.

Ravelry is a Global community, of millions of men and women from around the world, you are so small.  What will the Legacy be of Patrick Sandusky will be!  I will leave that to the blogosphere and to the Karma of Life.  Good luck you are going to need it. You are a sorry excuse for a non-profit organization and I hope your athletes make it big, but I hope you get dismantled. Thanks for stopping by!

Almost two years without blogging August 2020

Life can be a bowl of strawberries when cheries are not available.   It has been almost two years since I have been in this blog.  I have s...