The Pro Se Litigant

The Pro Se Litigant

The Olympic Record

Leo LaBranche

Attribution and appreciation are given to

Mr. Lewis M. Brown for suggesting and naming the book.

His suggestion came 24 years ago and acted on January 2010

Legal Dedications

Lewis M. Brown, the Father of Preventative Law

Ruth C. Tachna, Personal Attorney

Michael H. Gottesman, Supreme Court Counselor

Peter W. Rodino, Jr., House Judiciary Chairman

Alex Kozinski, Chief Judge, 9th Circuit U. S. Appeals Court

Personal Dedications

Lori, Amy, Leo, Elsa, and Chloe

All Rights Reserved © 2010 Leo LaBranche

CONTENTS TABLE

PART I

 Chapter 1                        11300 Vanowen                                                           

                               

Chapter 2                        California Corporations                                   p 18

                                  

Chapter 3                        Recording Sessions                                            p 20

                                                            

Chapter 4                        Thomas Briccetti                                               p 22           

                                  

Chapter 5                        Trademark Office                                              p 26           

                                 

Chapter 6                        Washington, D.C. Federal Court                      p 30

                                   

Chapter 7                        Los Angeles Court                                              p 32

                                                                   

Chapter 8                       Gay Olympics - San Fran. Arts & Athletics      p 36

                                                       

Chapter 9                        You Lose, Mr. LaBranche                                   p 38           

                                  

PART  II

Chapter 10                        Appeals Court                                                     p 39

                                  

Chapter 11                        Summary Judgment                                            p 43

                                   

Chapter 12                        The Olympic Record                                           p 50 

PART III

Chapter 13                       Personal Congressional Petition 373                  p 55

                                  

Chapter 14                        President Jimmy Carter Appeal                        p 64

                                 

Chapter 15                        Canada                                                                 p 67

                                  

Chapter 16                        National Association of Olympic Businesses     p 75

                               

    

PART IV

Chapter 17                        Dissenting Opinion                                                p 80

                                

Chapter 18                        NAOB and HR-1988                                              p 86

                                   

Chapter 19                        Supreme Court takes SFAA                                   p 91

                                   

Chapter 20                        Linguistic Theft                                                       p 94

                                   

Chapter 21                        Michael H. Gottesman                                            p 97

                                   

PART  V

Chapter 22                        Washington, One More Time                                p 102

                                

Chapter 23                        Peter W. Rodino, Jr..                                              p 107

                                

Chapter 24                        Dear Owimpic                                                         p 109

                          

Chapter 25                        Epilog                                                                       p 112

Appendix Table                                                                                                  p 115                                                           

Appendix A                        First Amended Complaint                                     p 116

Appendix B                        Federal Court Evidence Record                           p 123

Appendix C                        Legal Brief                                                              p 125

Appendix D                        Tables of Statutes and Case Law                          p 138           

Appendix E                        Federal Rules of Evidence                                     p 133

Appendix F                        Partial Olympic Business List                               Omitted

Introduction

We are the Public

The reader may either be entertained by this non-fiction or be disbelieving of it and possibly both. No matter your take on the story, the parties, or the author, we have one thing in common. We are members of the Public. Things I say are "mine" by being a public member are also "yours," unless you beg to differ. We have Public rights and privileges, Public laws, Public parks, Public records, Public protections. We have a Constitution enacted for the Public (people), and we have the Public Domain.  Sometimes the words Public and National are interchangeable. A National Park is there for us, the Public. The entire U. S. Constitution and Bill of Rights is a public document, and it belongs to us. The laws therein are ours if we choose to know what they are and use them.  This history is about the word Olympic which belongs to the Public and as a member of the Public it also belongs to me. We are in fact the "Olympic Public."

"A public domain was one of the Framers' (Constitution) most important gifts to our cultural traditions."  Lawrence W. Lessig, Stanford Law Professor and author.

Code and the Laws of Cyberspace.

PART I

Chapter 1   11300 Vanowen Street, North Hollywood, California

Imagine a dark, windowless space with black and white (linoleum) squares on the floor likely not deep cleaned in 20 years. Two bath rooms, his and hers, and a small storage room at the back. The walls reflected the breathing, actions, and karma of local patrons over the years -  I mean this isn't Cheers. The space is rented by an immigrant. He's been here 20 years. He moved and put his new version his bar, the Embers, less than 300 feet away in a separate building. The original Embers was the corner unit of old strip mall, front and back door only. In the 'mall' we have a Korean market, an adult book store, a laundry, and a suspicious never opened unit, and me in the ex-Embers bar. The owner of the mall is a nice guy from Beverly Hills, and his zip is 90210, like the TV show. Across the street, as earlier mentioned, was heavy duty aerospace companies and support technologies, in part, to support of the Burbank Airport a few miles down the road. I marveled at the Rolls Royce right across the street, 5 days a week. I could see it by looking through my peep hole.

This is before Olympic Records and I was driving a delivery truck at the time. In Southern California, like many large cities, businesses have difficulty disposing of large objects they don't need because it cost a fortune to get rid of them if required to pay someone to pick them up. When I would drive in the backs of businesses there would be things worth many thousands of dollars to someone if they would come and get it. There were wealthy salvage people who would make the rounds every few days. They were equipped with small cranes and lifts and could grab just about anything. The trouble with salvage is you must have a place to put it, and there is little space in southern California for anything or anybody, and this was then (1981). One day I started salvaging because I drove/had a truck, I was barely making a living, and I had some space since I had nothing in it but the Fender Rhodes piano, a salvaged recliner, and a cat. One day I saw 50 2-ply solid glass windows which had been removed from a hi-rise. Some of the sides were chipped. They were encased with the rubber sealant which coated all edges. Must have already been installed and removed for flaws. These were silver plated windows you see in the skyscrapers. Each piece was 38 by 56 and came in at 54 pounds. This I wanted, treasure I guess, maybe sell some. I went back that night and picked up 40 windows, about a ton of 2-ply glass. They were absolutely beautiful (silver/steel grey glass with diffuser between the panes) and my rental unit could use a lift of any kind. I glassed in 1000 of the 1200 sq. ft.. When you walked in the room it was cool. No outside light so when you lit the room right with a few cheap lamps you could make the room look like heaven (subject to who was in it). It covered the ugly and was a one of a kind space. The future home of Olympic Records, not yet a gleam in this musician's eye. After getting used to it you didn't see it at all. It was just a mirrored wall. Man it made the place quiet.

How Olympic Records came to be (1982)

We were going into business. Start-up capital has been established. In August 1982 we're sitting around the table at Vanowen discussing how to organize our new company and music release. Present are Sally, me, Doug, Joe, and ever present T.O.. I was producer and musician, Sally was finance and therapist, Doug was computers and musician, and Joe was promotions and musician.  Still in the talking stage: What to call the company?  In many ways it didn't matter what it's called as in the music business, to a large extent, it is just a handle for identification. A tradename. You've got A&M, RCA, ABC, Capital, Columbia, Motown, MCA, Arista, Planet, Capital, Atlantic, Pacific, Liberty, American, Virgin, Sun, Moon, Stars, BMG, BMW, your kids name or your dog's name it doesn't really matter - but could it? The value of the name of a music company or record company is directly associated with the value and popularity of the music and artists it owns and releases for public consumption  Like a song, no one really cares or knows, or even thinks about, who wrote the song. It makes no difference in their accepting of a recording. They only absorb who is singing the song and it don't make a 'hill of beans' who wrote it. Everyone thinks Elvis songs are Elvis songs. Elvis wrote few of them. So, something germane would be the right name. The word Records prefaced by something. And soon there wasn't gonna be any more records 'cause records were vinyl and vinyl was leaving. PS: A good vinyl pressing (record) played on a record player with better than average needle going to a decent reproduction system (amp and speakers) is better than any music fidelity you will ever experience anywhere except for, or with, metal masters, which you would never hear. Had to say i

Doug's Suggestion

After a few beers, Doug (our soon to be computer programmer when PC's were just arriving) suggested Olympic Records. We all laughed knowing full well it existed already. The name was so common and obvious we were sure it was in use. I would have lost everything (I had nothing in reality) on the bet that Olympic Records was somewhere just around the corner in L.A. or Hollywood, I would have bet my life on it, figuratively speaking. My experience in the music business made me more sure than anyone, and more wrong than anyone. The meeting adjourned when we ran out of beer and we later proceeded with normal start-up activities. Sally Singer, Doug Belli, Joseph Kelly, Kindra Koury - the singer, and I were the principal characters. And T.O. was climbing around in the rafters as always. Five people and cat became the core of the company.

Song Material

I began the process and searched for song material for the artist, Kindra, who wanted to record a gospel music album. This was a good idea since that market is small compared to the general market and we would be able to handle it with our modest start-up resources. Religious radio stations, sometimes referred to as Christian radio stations, were nationwide so it would be possible to cover the country and see if we could make a mark in that genre with our first recording. Month to month we prepared for the first recording sessions which would begin in October with a release of the record to radio in the early Spring. The Vanowen studio space was just right for rehearsals and after locating and choosing the songs we got them ready for the recording sessions to follow.

TI-99  Texas Instrument

One of the first PC's on the market was a Texas Instrument product called the TI-99. The only place you could buy one was Toy's R Us and they didn't seem to be selling like hot cakes. They were right next to GI Joe. It cost about $1,000 and was simply hardware which you had to assemble. If you wanted it to function you had to get the programming manual and program it yourself. If you wanted the CPU to do anything else you had to buy hardware plug-in modules and then program for that particular task. Thank God for Doug 'cause without him we were going to be using pencils, paper, and a typewriter. He spent many hours daily learning to program the box so we could have a rudimentary data base with which we could make and keep records as well as print labels and letters. Radio station data was the main reason for needing it. Eventually invoices and such. We had to be able to print mailing labels as well as keep track of things state by state and station by station. Doug worked many hours just to experience what crashing was all about, I mean hours and days. Sometimes a week would go by and he would have nothing to show for it but a blank screen. A very dedicated man and fine bass player.

Go Find Olympic Records

To say the least, I went about trying to locate Olympic Records. In the local Library I found recent business directory publications and I first searched in California, then New York, then Illinois, and Tennessee presuming any record company using that name would be in one of the large metropolitan areas. I could not locate any company or corporation by that name. I later looked in all states, nope, none there either. Very strange. I did find one reference a company named Olympic Records which had closed in 1978 in New York state. On further investigation I found they were an American company which exclusively imported Classical music from Italy. They had a logo of a guy throwing a discus. They were in no way involved in recording or producing music in America. This couldn't be true. How on earth could this fantastic and obvious trade name in the record business not be in use? Especially since we were collectively so sure. - As we later found, 90% of all radio we contacted during the promotion period were equally sure that the company was, and had been, in existence forever and they believed we were that company - . These radio stations were also adamant that they be put on our list of radio stations and that we provided them with all future products from our company. Eventually we stopped arguing with them, and agree with them. We apologized for not sending them records in the past. This happened every day during promotion cycle. Hey, "how you been and where you been so long and why haven't we heard from you in the past?" This is what we heard day after day. They thought we were 'somebody' and I assure you we were not  - who they thought. This was the ever present and mysterious myth or mystery attached to the tradename.

OK, let me try to use it. I obtained, as required, 2 businesses licenses from Los Angeles County (wholesale and retail); a d/b/a from the state of California; a re-sales tax permit from the state of California; the federal Employer Identification Number from the I.R.S.; you know, the Treasury Department. A local business license was also required from North Hollywood. That was about it. Now what else can I do to legitimize myself and my company? I now have local, city, county, state, and federal permission and authorization to be Olympic Records. This thing has got me now. This is really a valuable suggestion, thanks Doug.

Chapter 2 California Department of Corporations

Since we are all working for no pay, just occasional expenses, there needed to be a way to legalize or officialize our relationships with, and to, each other so we would know where we stood with respect to shares of the company and profits. No one was to get any salary of any sort. Capital needed to be protected and each of us needed some written documentation or proof as partners so to speak. Well, we need to incorporate. A logical next step and the only next step available. No problem. I telephone California Secretary of State Corporations Division and request a name reservation. I know we are the only one using the name so it should be an easy task as all licensing has previously been. Here comes my first shock. I am informed over the phone that the name is not available because of the Olympic Committee's federal statute prohibiting use of the word Olympic for the purposes of trade. I apply by mail to get a written refusal and do. There is reference to the federal law known as The Amateur Sports Act of 1978 and the specific prohibitive section is § 380. I called and ordered a copy of the law from the Clerk of the House of Representatives and it arrives in about a month. There is no internet so . . .

The NEW YORK Corporation:  Olympic Records, Inc. (01.05.83)

Now I need a lawyer. Though I was steeped in U.S. Copyright law for many years, being a composer with U.S. Copyrights, this did not seem correct. I knew nothing of any laws, statutes, or regulations, pertaining to anything except copyright law. But I believe the law is in all of us and I know it was in me. What I believed in my gut at that instant in time was as true then as it is now, 28 years later. Olympic is already in the Public Domain and and is in legal use all over the country for every class of goods and services that exist in our Country. That's what this story is all about.

Sally says we will go see Ruth. Sally's acquaintance is Ruth C. Tachna, an attorney living in Marina del Rey. She was about 80 years old then and a semi-retired criminal prosecutor from New York state. Her New York office was in White Plains and she was partners with Cherry Krassner. Ruth was also a law professor and taught at Northrop University near LAX and a course she called, Space Law, as in outer space. I presumed satellite technology and stuff like that. I never asked. At the first meeting she advised incorporating in New York state. It hadn't occurred to me. Since she had an office in New York it would be considered Olympic Records location for service of process as is required by state and corporate law. She applied through Prentiss-Hall Corporation Service that very day and we were granted a reservation for the name and accomplish incorporation status 2 days later January 5th, 1983. Though inked in New York how do we manifest this corporation in California. California will not grant foreign corporation status to us due to the restriction now in effect. So Olympic Records, Inc. could not legally do business in California under or using it's own name. A few days after inking Ruth says, form a California Corporation under a different name and have Olympic Records, Inc. issue it a license to do business in California as Olympic Records. Great idea and solution. Now what to call the California corporation and have it be germane or connected in some way. I believe or recall olympic had a connection to Mount Olympus so we formed the Mount Olympus Records Corporation. We file in California which goes without a hitch and later issue ourselves a corporate license to do business in California from NY as Olympic Records, effectively licensing our own name to ourselves. Now I feel like we're safe and sound for a while and we are, for a while. Now we are corporate legal.

I have to admit that though the original reason for the effort was to start a record label using Kindra as the first recording and product, my main reason for the entire effort and ever present focus and soon to be obsession (watch out) was to adhere and conform to the federal trademark laws requirement that you be in interstate commerce before you can apply for a registered trademark in the Patent & Trademark Office (hereinafter "trademark office"). We were undoubtedly going to be in interstate commerce (you can't sell a record in just one state unless it is a state song or something local like that). The law is satisfied many times by a person seeking a trade mark simply selling a product over one state border (even once) and that is enough to satisfy that requirement of being in interstate commerce. The world is full of exceptions, loopholes, and circumvents.

Now my focus is strictly on the trademark and I'm about to be inducted into tunnel vision. Make money fine, sell some records fine, make a name for ourselves, fine, create goodwill, fine and all manner of these things necessary, but that is not my reason for this any more. I want ownership of the trademark. Let's put the record out, promote it, sell some and after doing so apply to the Trademark Office, register the trademark and logo design and go after capital investment for a run at competing with the bigger dogs. You need more capital than we were going to have (present coffers) to compete with even minor independent labels who had deep pockets. Not Michael Jackson or Elton John and the superstars but some companies back then, and surely now, would invest 100's of thousands of dollars in promotion to get their recordings heard (radio play) and sold (distribution). Even when they didn't "need" to spend tons of cash this was a biggest part of business. Mega companies go head to head with million dollar promotion budgets and independent labels with deserving artists and products were somewhat foreclosed from competing in the game, at least in the game for the biggest radio markets. It's all radio then, no internet. Radio play is advertising and the larger the metro-market the more listeners and the more exposure and sales. Autonomous radio promoters made one hell of a living calling their friends, programmers, and DJ's in major markets and telling them what songs they needed them to play. Thousands of dollars a week to get Harry to tell Joe which cuts to push of the newest release. Even if your record and artist 'stinks' you can still promote the hell out of it and it will get airtime and sales will result. You are in competition with all things, good, bad, or mediocre, and the factor most in play is promotion money; not the merit of the recording, or the artist, or the song. Also, stink is in the ear of the beholder.

Olympic Records needed the registration and notice ( ® ) to begin to think it could raise money and protect the share holders and investors. And by virtue of owning the mark, company, and corporate stock this could be addressed. With no proof of ownership of the company name there was going to be no Olympic Records. We need United States proof, authorization, and permission (sanction).

Chapter 3 The Recordings and Sessions

The sessions begin at Monterey Sound in Glendale, engineered by Wayne Neuendorf and continue at Producer's Workshop in Hollywood with Ben Rodgers, later mastered at the Mastering Lab by Ron Hitchcock, singles mastered by Arnie Acosta. The players are William "Smitty" Smith, on Piano and Hammond Organ (2 songs). Will Bouleware on Piano (his song). Joe Kelly, Guitars and Doug Belli, Bass. Doane Perry, Drums and Novi, Viola and Synthesizer. I was on Fender Rhodes piano and Flugelhorn.

FYIO    -     Album title:   For Your Inspiration Only           Kindra Koury

Two things were agreed between Kindra and I. One was that you need not Praise the Lord with every breath in order to be singing a 'spiritual" song and message.  And we agreed 'subtle' was the idea for the main song that we would try to promote. You can praise the Lord and not even mention His name. What matters is in your heart. She picked two songs we agreed are inspirational but not overtly religious. Kindra's first choice was a fine song by David Lasley & Alice Willis "Come What May" (I think she knew Alice). One of the most beautiful songs I ever heard. This was gonna be the 'single.' Kindra's vocal was as good as anyone ever sang anything, and Amen. (sound like her producer?) Her soulful style came from early influences: Bessie Smith; Ella Fitzgerald; Dinah Washington; among the best female singers who lived. Kindra is also of Greek descent and this may add to the color of her voice. I asked her before she sang that first and final take, "when you arrived at the 'last music note' of the song, the word 'May,' add a smile to that word. You should hear it. The other song was "Over the Rainbow" [Harold Arlen - E.Y. Harburg song] in a gospel style. She requested a specific musician to accompany her on this song and he was  William "Smitty" Smith, a famous Hollywood pianist, singer, and writer. When he played you didn't need anybody else. Kindra also chose a song he wrote, "Saved by the Grace of Your Love." Another song was one by, now famous jazz pianist and composer, Will Boulware, "Everyone Needs a Hiding Place" (go to his site).  Kindra picked one of my songs I wrote with Joe Wilson called "Satisfied Mind" (Don't know where Joe is). Smitty contributed "Saved By the Grace . ." and Kindra and Joe Kelly penned two songs together, Don't Cry No More and Sweet Ride Jesus.  Kindra also chose "You Must Not Fear It" by Rob Moitoza and the hymn "Precious Lord," her Mom's favorite.

Chapter 4            Thomas Briccetti - Mentor and Maestro

At this time I am in the union (A.F.M. - 20 years) and my re-use checks come to the L.A. local. There are still occasions when membership is advantageous. If you were to play on television or films you want to be union. If you're a big shot you make our own deals, but you're still in Union. Membership includes a newspaper called "The International Musician." The back ten pages are ads mostly posting vacancies in Symphony Orchestras around the country and the world. I would sometimes read these ads wistfully wishing I was in a secure position as a player in a symphony orchestra might be. So it was like reading the 'help wanted' for entertainment. I came across an ad for an opening in the Omaha Symphony Orchestra, and the music director-conductor was Thomas Briccetti who I saw last in '64' (fishing/sunburned) before leaving for Denver for my short college education. I got together some tunes, put them on a cassette and sent it to him with a letter of gratitude for all he was back then for me.  He knew me only as trumpet. I sent him songs. He was a fine composer and I wanted him to hear the 'product of my time' as it is called. You can't help loving your teacher. He called a week later and I heard his voice and had a system crash. He meant so much to me 'then' that when transported back to 'then' by his voice it was realization of how much I loved the man. The largest mentor for sure.

We exchange pleasantries and he says, "that guy singing on the tape ain't no Frank Sinatra" but he might sound good with the orchestra or chamber group. He was saying I would fit singing with the Symphony. You and I have dreams that we admit to no one (I think) and this was one of those and I'm hearing a dream come true from my mentor and maestro. And I can't do a thing about it. Recording an orchestra is no small proposition and the fees for 35 or 90 musicians is nothing to look forward to, though they are worth it. If Olympic was going to be "me only" then all funds available might be used for this debut of my performing with orchestras. I missed the boat on this one, it left without me -  but there may be other ships. Olympic Records is starting up and all plans have been made for its capital. Maybe later after we start up and get going, sure. Got a spare 30 thousand?  Mr. Briccetti mentioned his favorite song of those sent.

A Monkey's Broken Dreams © Eleo Music  ASCAP

The song came after seeing an organ grinder, in early days (70's) of Underground Atlanta, with a monkey and being hopeful that I, we, were not chained to the organ grinder. We have a choice, the monkey doesn't. I'm not so sure.  One Verse and Chorus below.

A Monkey in the street is doing tricks to win a coin

The animal is leashed, he's in a club he didn't join

His employer feeds him often and he's visibly kind

But once in a while he loses his mind

And the Monkey Feels His Broken Dreams

And as the Organ Grinds the World is Spinning

People dying, People winning

On their way to Somewhere called Unknown

And as the Organ Grinds try not to Worry

No one has the time Hurry

Choice sets Us apart from (a) Monkey's Broken Dreams          

 

Later Mr. Briccetti writes and puts his proposal in print regarding a possible deal between us. I will cherish that letter. We lose contact again as you will see what's coming does not bode well for close communications with almost anyone.

Fast Forward:  In 2002 in locate Mr. Briccetti (email search) in Perugia, Italy teaching master classes. We communicate warmly back and forth several times (we had the same Mac Computer, Music Software, Kurzweil keyboard, and the Scoring/printing program). My last mailing to Mr. Briccetti, including CD's of my new musical (Truth & Justice) is answered by his partner and librettist Robert Levin. Mr. Briccetti had passed away suddenly. A story on Bob Levin in Part VIII and Briccetti's Opera, "The Contract."

Back to Olympic startup

RADIOLYMPIC

In these ancient times radio stations were still receiving and playing single 45 R.P.M. records. A company would send out what were called "singles" from the album to test the waters and see if a certain song was going to become popular. Sometimes if the first single didn't attract attention the company would send, release as it was called, a different single and see if that had a better response. People still bought 45's back then but that was soon to change and album sales (LP's) were what kept a company in business.

The Trademark design

Paul Roells fine engraving work. G & W Trophies, in North Hollywood. I requested he use the torch on the Roosevelt dime as example, fatten it and give it different flames. Incredibly fine artistic engraving. Starting with a [one ounce] Canadian Maple Leaf he hammered it down to make a round wafer. I never saw gold look so good, hell I never saw gold before, not as in coin in hand. How many of us handle gold?

We released "Come What May" first, it being the more sophisticated song on the record. Some love it and aired it right out of the mailer and others thought it was not religious enough for their demographic. So we sent them a single song from the album which was more to their audiences taste.

Radio Promotion

 This means getting the station to locate your mailing, review it, see if they will play it, even once, and see how their audience responds. We would follow up and hear what happened. We would log the data and use it for promotions to other radio stations. Two guys on the telephone several hours a day for several months. Joe Kelly was a natural at telephone radio promotions. Gift of gab, great sounding voice, and a great musician (guitar). He could talk the talk. Kindra did telephone (on-air) interviews and I did my share of calling. I concentrated on the northeast and there were fewer non-profit religious stations but they were important and in the largest metro areas. Doug is stuck face to face with the computer.

The records are shipped and the radio stations begin playing and we find out we were already well known, mysteriously. But there's a problem. Some of the more conservative stations balk at her record cover where they submit she looks too provocative. I didn't put the record out to offend people with the art work and she could look like a fallen angel to some. Too much attention paid to airbrushing and all that, my fault. Some thought she looked like a hooker. The Mary Magdalen syndrome, I called it. I coulda shoulda ignored it but my knee jerked and I designed a plain cover and re released it. This was really unnecessary, but was an effort not to offend and had nothing to do with profit because there was not going to be any, sadly to some. We sold records and tapes but nothing to suggest any profit was going to erupt. We got the machine working.

When you sent a record to a radio station they would seldom know it arrived until you called them about it. Hundreds of records a day could arrive, at the larger station, and no one would know, or care, about it unless you called about it. First step in radio promotion, "Did you get my record? What record? It's the one with the girl with overly made up face. Oh, yeah, "that one!" Are you sure you sent this to the right place, you know we're a Christian station, don't you? And so it would go. Some had no problem with the cover picture, but others thought we were based in the bad place or maybe had no Christian sense. I sinned, I'm sorry.  I got the record aired all over the country, no small feat. Some stations, no kidding, played her whole album once a day for a weeks. Very small sales. Sales are seldom a start-up businesses main concern. You gotta be there first, spread some goodwill, get to know people, that's the first goal. And it was working.

I thank the Radio Stations listed for being there at the beginning of Olympic Records. I also thank them for revealing the mysterious phenomena of the existence of Olympic Records, in their minds and memories - one or the other) which was the exact phenomena which had affected me and the other founders of Olympic Records. This tradename has value and good will attached to it, in the recognition sense for sure, and how can that be? Was this name just sitting around in the ethers waiting for someone to use it. Is it a trap or trick? How about a curse? I earlier investigated, everywhere, and found evidence of all prior Olympic Records companies going back to 1921. I researched the (foreboding) Library of Congress for this ancient information. The last O.R. closed in '78' and imported classical recordings from Italy. OK, I'm convinced. Something good this way may come. It's summer 1983 and Kindra and Olympic aired in 34 States.

RADIO - SOUTHERN REGION 

WJHO, Opelika - HNDA, Huntsville - WRAG, Carrollton

WAGG, Birmingham  - WCLS, Phenix City                                                Alabama

WQCC, Charlotte - WHVN, Charlotte

WDJS, Mount Olive.                                                                                     North Carolina

WQTI, Greenville - WPJX, Goose Creek                                                     South Carolina

WFNE, Macon - WHGI, Augusta - WYNX, Smyrna

WLOR, Thomasville - WSOK, Savannah - WXLL, Decatur                      Georgia

WVCG, Coral Gables - WGLY, Miami - WVCF, Orlando - WEXY, Ft. Lauderdale

WAMF, Tallahassee - WCVC, Tallahassee - WPCF, Panama City Beach

WSST, Largo -  WWBC, Cocoa - WMFJ, Daytona Beach                          Florida

KWAM, Memphis - WCOR, Lebanon - WDEB, Jamestown

WITA, Knoxville                                                                                         Tennessee

WSKY, Dallas - WJAK, Lubbock                                                               Texas

KWLV, Many - KDXI, Mansfield - KCIJ, Shreveport                                Louisiana

RADIO - NORTHEAST REGION

WEZE, Milton                                                                                            Massachusetts

WTOW, Baltimore                                                                                     Maryland

WWWG, Rochester                                                                                   New York

WPIT, Pittsburgh - WPLW, Pittsburgh - WTIV, Titusville                        Pennsylvania

WKBA, Roanoke - WZAP, Bristol - WTTX, Appomattox

WNLR, Churchville - WQPO, Harrisonburg                                             Virginia

WNNN, Salem                                                                                           New Jersey

WOTW, Nashua                                                                                         New Hampshire

WOXO, Norway - WLOB, Portland                                                          Maine

WYCB, Washington                                                                                    D.C.

           

RADIO - CENTRAL REGION

WQBH, Detroit - WFUR, Grand Rapids - WDFP, Battle Creek

WKJR, Muskegon Heights                                                                        Michigan

KNOF, St. Paul - WNCB, Duluth                                                             Minnesota

WPEO, Peoria - WIBI, Carlinville - WEIC, Charleston                           Illinois

WTOF, Cedar Rapids                                                                                Iowa

WXLW, Indianapolis - WSLM, Salem                                                     Indiana

WFMW, Madisonville - WHKK, Erlanger                                               Kentucky

WSUM, No. Royalton - WGIC, Xenia                                                    Ohio

KCNW, Shawnee Mission                                                                        Kansas

WJJQ, Tomahawk - WGMO, Shell Lake                                                Wisconsin

RADIO - WESTERN REGION

KEST, San Francisco - KWSO, Wasco - KDAR, Oxnard

KJAY, Sacramento - KMAY, Riverside - KEWQ, Paradise

KMJC, San Diego - KRML, Carmel - KTED, Fresno                           California

KQXI, Denver - KWYD, Security - KPIK, Colorado Springs               Colorado

KDAZ, Albuquerque                                                                               New Mexico

KXEG, Phoenix - KRDS, Phoenix - KVOI, Tucson                               Arizona

KSWY, Cheyenne                                                                                    Wyoming

KURL, Billings                                                                                        Montana

KBBX, Salt Lake City                                                                             Utah

KGDN, Seattle - KBLE, Seattle - KCKO, Spokane                               Washington

KICR, Coos Bay                                                                                     Oregon

Advertised on Radio in Major Markets  

Radio spots four times a day for 10 days.

WPLW, Pittsburgh - WSLM, Salem, In., WGLY, Miami - WGCC, Charlotte

WPJX, Memphis, WEZE, Boston - WTOW, Baltimore

This was my last effort to get some company to raise its head and say, "Hey buddy, I'm Olympic Records." If you're advertising in major markets using the Olympic Records tradename on the radio someone will turn up if some is out there. No one appeared.

Instrumental Music Sessions

Shortly after Kindra's recording I went to a studio called, Sunset Sound Factory. I had long a desire to record a few of my instrumental songs featuring the trumpet and flugelhorn. I assembled the players, Carlos Vega and Lenny Castro on drums; Doug on Bass; Joe Kelly on guitars; myself on piano and trumpet/flugel. We recorded three instrumentals and with time remaining I added a song written back in Vietnam days, lyric from 1972 and music added in 1983 called, "The Victors, The Victims."

The song is archived in the Emory University archive "Music & War."

THE VICTORS, THE VICTIMS               © Eleo Music  ASCAP

THE REBELLION IS OVER, I SEE A WHITE FLAG

SOMEONE HAS SURRENDERED, THE CAT’S IN THE BAG

THE TOWER HAS FALLEN, WE TORE THE GATES DOWN

CALL UP THE DRUMMERS, LET’S MARCH INTO TOWN

A TRIAL BY ERROR, A COSTLY MISTAKE

SOME ARE UNLUCKY AND SOME GET A BREAK

ONE LOST A FORTUNE, ANOTHER, A SON

WHO WAS THE WINNER WHEN NOBODY WON?

HERE’S TO THE VICTORS, THE VICTIMS

AND THOSE IN BETWEEN

THE WINNERS AND LOSERS WHO HAD THE SAME DREAM

THE KNIGHTS AND THE PAWNS ON SOME FAR AWAY SHORE

AND WHEN THEY FALL DOWN WE JUST SEND UP SOME MORE

   2nd time:   WILL THERE BE ANY MORE?

A WINNER, A LOSER, A PRO AND A CON

WON’T IT BE LONELY WHEN EVERYONE’S GONE?

WHEN THE BATTLES ARE OVER AND NOTHING’S AT STAKE

WHO’LL GIVE A DAMN IF YOU HAVE WHAT IT TAKES? 

We mix at Producer's Workshop with Ben. We master at the Lab with Ron Hitchcock. Ron was well known and unknown in Hollywood. He was Neal Diamond's recording engineer and mixer for 15 years. Everything you heard of Neal was Ron's work. He was also responsible for the (edits) making the song between Barbara Streisand and Neal, "You Don't Bring Me Flowers Anymore" possible.  He was instrumental in the "Jazz Singer." He seldom had opportunity to work for other than Neal so few knew him. I had some great sessions with him. The instrumental recordings go on the shelf.

Chapter 5   The Patent & Trademark Office

By years end I made the application to the trademark office. The first reply came back negative because I had included the wrong fee, it had gone up. Four months later after moving to a new location (less space/costs) on Wyoming Avenue in Burbank I received the real refusal. I was refused registration because of the Amateur Sports Act of 1978, the same reason California refused me the right to incorporate. It was a hellava day.

Trademark Registration Refusal

What to do now with this trademark office refusal. I re-read it and it says to 'appeal' this decision there is a six month window within which you must respond. The trademark office had it's own administrative court (like most agencies) and that was where one would go to prosecute or defend any action you would take in support of your application. Six months wasn't a long time. What to do now with the people of Olympic Records and the two new recordings we had which were soon to be released. It didn't take long to realize Olympic Records was dead, for now. Without the trademark registration there was no reason to continue. I could continue without the registration of the mark but that was my reason for living and also be circumventing the law. Remaining capital was needed to prosecute our rights, if any, and who knew how long or whether we could prevail. This is going to have to be a singular effort. I turn over the new singer/recording artist project to Doug and shelve the instrumental music project just completed. Tell Joe all is over, for now, and thanks and sorry for the journey to nowhere. I am devastated. One federal agency says you are OK and legal to be who you are, (Treasury Department), and in fact, tacitly authorizes you to be, and another agency says you are not supposed to exist. Doug takes over the office, gets financial support and goes on with life and forms Melody Marketing with the artist, Billy Milo, and they go about preparing to market and release his recordings. What am I to do, where am I to go, and how am I going to continue. And what is it that I am missing about this? I've been in a daze before but . . . . . .

Move to Idyllwild, California

Sally had a second home seldom used except in summer. 24640 Upper Rim Rock Road, I was there once. It was built for summer and not insulated. Idyllwild was in the San Jacinto mountains above Palm Springs and was between 5 and 7 thousand foot elevation. I called her and suggested, in panic, that I go there and live while I sorted this trademark thing out. We didn't come to an immediate agreement but she relented and I will not forget the day I drove from Burbank in my ancient Oldsmobile 98, the tank, up the hill from Hemet to the Idyllwild house. This car got 9 miles a gallon. Law enforcement stopped me for some reason, maybe I or my car looked suspicious, and Leo was sleeping under a sleeping bag on the front seat. While being questioned Leo woke up and came out from under the bag and startled the officer so much he drew his firearm. All was well though and he let me go and I continued up the hill.  Leo spent every summer with me since he was five, until he was 17. Otherwise he was with his Mom in Hawaii where she lived on the Big Island and does to this day.

Preparing for the Trademark Administrative court

On moving to Idyllwild and three months before the C.B.S. Program "Crossroads" aired, I began trips to the Riverside County Law Library (RCLL) which was 60 miles away, up and down the hill to Banning and I-10. One mistake on that road and you're not found unless you burst into flames. The road took many a life, especially in winter. Once someone disappeared and was found three years later, they thought he had skipped town. He skipped alright - right of the cliff. I would go to RCLL and locate materials to begin my education. I had successfully avoided education my entire life by being immersed in music. At least I can read and I can use the copier. I would make photocopies of all things pertinent to trademark law and administrative court rules and regulations and how to write a complaint in a federal forum. Photocopies at the Law Library were 15¢ a piece and I was taking home $50 worth of photo paper each trip. I made about three trips weekly. Me and the copier were great friends or enemies, I'm not sure. I would go home, build a fire and read until I was catatonic. Then would walk a few miles, as I still do, and back to read until no brain left. I never read anything in my life except music and science fiction. I would have to read many things five or more times just to understand 'part of it.' When I thought I understood it I was often wrong, as understanding is subjective. Eventually the pile and boxes weighed a hundred pounds. There was a lot more to learn but that comes later. I investigated origins of trademarks since it's a basic property right. I opened books that had not been opened in years, if ever, since they were put on the shelves. I read every case in Supreme Court digest and reports that was relative trademarks back to 1880's when it was then a property right and there was no trademark law. I knew in my heart and soul I was right, but many a man has believed that on his way to oblivion, or worse.  If you read forty hours a week you will eventually get it, what ever it is. And what's right got to do with it; not much. Though connected I could not face the music and play piano, sing, write or, God forbid, play trumpet. The brain knew the condition and the heart wouldn't stand for it. A solitary existence was the order of the day, night, week, and year(s). I did get away with Sally every week or so. Jump in the car, drive down to Palm Desert to I-10 and then across the desert to Parker Dam and then anywhere you wanted.  Get a cheap fishing boat and enjoy the break. We knew all the lakes in the Colorado River chain. If you can't renew you can't work. In my case I needed not to read a few days. We went away during the week so not to be anywhere anyone was. I've always felt if you go somewhere and everyone is there you might as well be home. Typical artist reasoning, I guess.

The CBS Broadcast news program titled CROSSROADS

The TV aires "Crossroads" with Charles Kuralt and Bill Moyers. My son Leo is flipping the channel changer in the other room while I'm in the kitchen fixing supper. Had he (now 6) not been sampling different stations and landed on that August CBS broadcast this whole ordeal could have ended in the administrative court of the trademark office in 1984 because that's where I was to go to pursue it. I overhear the program and shout from the kitchen Don't Change that Channel. I was mesmerized by what I was seeing and hearing. One of my first real experiences with fight or flight. You know, like a guy standing there with a gun in your face. This was three months exactly into my preparation for the  trademark office. Three months remaining in the time frame for responding. Clear as day I can no longer go to the trademark courts to pursue my beef, which is the rejection of my trademark application. Two years later during the third summer from hell Leo asks, "are you going to do this the rest of your life?"  Ouch, I've been doing this three years now and that's a third of his life. In retro I had no idea I'd be paying from then until now. As this output and story indicates, I'm still doing it (after a 20 year pause).

Federal Court

Back to RCLL.  Oh God, please, no. Now I need to know 101 things that I don't know and I don't even know what I don't know. But it's all down there at the RCLL. Three more months of sixty miles down, sixty miles back and watch the curves. I was their most frequent and best customer. They named the copier after me. It was like I worked there.

One morning at 4 AM that summer I was awakened by a loud roar that seemed far off, but not for long. A six pointer was upon us centered on the Banning Fault about 50 miles down elevation and underground, of course. The Idyllwild house was built on top of solid granite (all of it) and the house went up and down instead of side to side, as is the usual for quakes, and I never heard volume or sound like that in my life. It was as if a giant was upon us. It threw me out of bed to the floor. My only thought, once I had one, was that my son was in the finished basement and the night before we had built a fort out of containers of Olympic Records. Each pack had 25 in it weighing about 15 pounds and we had an entire area, including a roof made from these containers. I couldn't even get to the door from the bedroom to the next room to go down the hall and down the stairs to the basement. The shaking stopped in about 30 seconds; it was the longest 30 seconds of my life. I go to the basement and the 'fort' of Olympic Records containers has collapsed on Leo. He wasn't hurt but had no idea what on earth had happened. That's my earthquake story.

The First Summer from Hell   (three more to go, good not to know)

Now I find I need to locate, photocopy, and study federal rules of procedure; local federal rules (D.C. rules); the judicial codes (for jurisdictional); Constitutional law (eventually bought Chester Antieau, Modern Constitutional Law (2 vols) and Federal Trial Handbook 2nd (Hunter); case law re The Fifth, First, Fourteenth Amendments; Article IV; Ninth and Tenth Amendment; Copyright law; Trademark law; Sherman and Clayton antitrust acts; and Article I.  I did not know I needed to know this list of laws but one law led to the next and I became familiar with all of them. I also had to read anything that suggested an underpinning of any of the laws. As familiar as possible with the three months of time I had left. Technology is catching up with us and I have a Macintosh Computer for all things needed to be saved and printed, including my first complaint. This was the first Mac, 128k, with the humongous 8 inch screen and a dot matrix printer.

I thought I knew how to read and was proud of knowledge acquired during the first three months of study. It's a good thing I had practice reading 'cause "now I'm reading with a vengeance." Leo went home to Hawaii as usual the end of August, always as an unaccompanied minor (he flew more by the time he was twelve than I did my whole life) and he had no short trips. LA to Kona over and over. One time Atlanta to L.A. to Kona, he and his skate board. We would not look each other in the eye when he boarded 'cause we knew it was gonna be a while till Christmas, he came for a month at Christmas too. And much longer separation when he went back after Christmas. He was my boy.

Now I have September and one week in October remaining before the statutory time clock lapses. This time period is a blur. Fight or flight equivalent to being on the edge of stroking out any minute. It's now or it's over. Ruth said in her quiet way, "fish or cut bait." The first three months had served me. I knew my way around RCLL so when I needed something it simply appeared. I could not read at the library as I would have had to live there. Hundreds of Supreme Court digests and decisions were studied. In point of fact, every one that existed in the books even remotely pertaining to my issues, at least the synopsis. I was an over-doer or over-duer. I have no life but this. As the judge later said, pursuing the "Impossible Dream." This isn't supposed to be "impossible," and I'm wondering whether this is dream or curse. How about the "Impossible Curse?"

Chapter 6   Washington D.C. federal court

California was not fair to me (go figure and big surprise) and though a state and not a federal entity I felt filing my complaint in California federal court would be a mistake, maybe fatal. Call it instinct or physic vision or plain paranoia.  I could not have been more right. And though the case ended up back in L.A. (by transfer from the D.C. court) it was more than fortunate that I made that trip to D.C. to file. The Law says: You can sue anyone wherever they may be located and the USOC general counsel was in D.C. so I fly to Washington and to the federal court house to file. Some say the most important federal district court in the land and I would to agree. That's where much of the big stuff starts and where the big guys, and where everyone has some sort of representation, even us public.

D. C. Federal Court filing

I arrive in D.C. timed to avoid staying overnight. At eleven I'm at the clerk's intake desk and they're open. A day prior the President closed the federal government and sent 550,000 people home because of budget arguments with Congress. All U.S. agencies were closed until the difficulty reconciled. The young clerk smiled and told me, "We're always open." I handed him the complaint and he said, $10. There's a fee I could handle. I wait, he dates it (October 5, 1984) and informed me it is assigned to Judge Barrington Parker. I later found he was Hinkley's judge. Judges in the D.C. district court are not lightweights. That's done and I fly home to LA (had drinks on the plane and fell asleep). Now with a slight hangover it's back up the hill to Idyllwild, a three hour drive from LAX. On the way I drive by the RCLL and it's 3 A.M.. I guess I'll see if going there so much was going to pay off, or if I've got it all wrong. I made the deadline imposed by the trademark office to respond within six (6) months. Now I will wait until the response comes in thirty days.

Not exactly relaxing I feverishly reviewed all that I had done in anticipation of what could be the worst possible outcome; that being a dismissal (by the court on it's own motion) for something defective with the complaint, or, a motion for dismissal by the USOC (hereinafter "USOC or defendant") for something deficient that the Court, on it's own motion could not dismiss, unless complained about by the defendant.  I don't know whether I felt worse before I filed or after.  This filing was a bare bones complaint. No evidence necessary, only the charges as is proper. I had no hard evidence yet. It wasn't too many pages but it was filled with everything that it should be. I was either right in practice and procedure and the judicial codes or the complaint was going to be rejected, likely subject to re-filing, I hoped. This could be the end my case.

Within thirty days the answer to the complaint arrives. I served the general counsel for the defendant at the firm Beveridge, DeGrandi, and Kline. In most courts, you must make a defense or objection to something in a timely manner or after a certain point in time you cannot raise that objection or defense again, no matter what. In other words, raise the objection or issue now or forever hold your peace because it's too late. This is general procedure and a normal part of litigation since law began.  I knew this but it escaped me and I was alarmed in the event I had to answer this accusation of serving the wrong person.  Mr. Kline, properly doing his job, objected to my filing by saying I had not served the right person, in the right place, at the right time, and on the right planet. Meaning that he was not the proper person to receive the compliant and that I had mistakenly served the wrong lawyer and firm, which meant I had not sued the USOC properly.  I had read during my 'reading olympics' a judge's comments in a journal indicating: "if you cannot assert proper service upon an attorney for a client then just sue the attorney and add him to the complaint." Had I had experience in court (now at 30 days) I would have understood that Mr. Kline's response was normal as dictated by the rules of litigation. But I took it seriously so when I replied to the answer I added a one page document and sued Mr. Kline and added him to the complaint. A naive blunder. When the next papers came to pass between us there was a new law firm representing the USOC and it was Kline, Rommel, and Colbert. It took me a while to figure that one. But if anyone needed to be sued it was surely he. Also I didn't realize Mr. Kline remained a party to the complaint until later in the litigation where at a meeting of the parties I agreed to drop him as a defendant in the suit. So reading and reading and reading is a good thing. Things ancillary to your points can bring rewards and you can even stumble into good results, sometimes.

Transfer the Case

On the USOC's Answer to my Complaint there was a Motion for Transfer to the federal court in Los Angeles since there was no perceivable nexus (connection) to my case against the USOC in District of Columbia. Judge Parker said my misperceptions (which I stated in opposing the motion) that the Los Angeles federal court was not going to be "fair" was unfounded and misguided and for that reason and the 'nexus' situation he granted the Motion to Transfer and the case went to Los Angeles federal court. I didn't want to fight in D.C. anyway, just file there. The Judge also mentioned I might have sued the Trademark Office and had I done so that would have made the case stay in D.C..  If Judge Parker had followed this case, he would have observed without question that my fears and trepidation were absolutely well founded regarding the California federal court. Judge Parker said that my 'constitutional claims' were unclear and this proved to be very important. Judicial codes say you cannot transfer a case unless it has been properly filed and is not subject to dismissal by the court, on it's own motion, or motion to dismiss by the defendant which might be granted. This means by transferring the case to Los Angeles I really have a case. I took a few days off and went to Arizona and spent a few warm days at Lake Havasu. You know, that town with the rebuilt London Bridge. It's cold in Idyllwild and now November. On returning from Havasu it had snowed three feet in our absence. I parked in town, hitched a ride up the hill with a snowplow, walked three hundred yards (downhill) to the house (unprepared, no snow clothes), shoveled the drive way to extract the 4-wheel drive Land Cruiser and drove downhill [the never-to-be plowed road] in three feet of snow making the first tracks. That Land Cruiser was tough, those Japanese made a good jeep. Go to town, pick up Sally, go up the road toward the house and enter from above the house through a five-foot snow bank left by plowing. The LC climbed over it and following my footprints left prior we got home. Due to lack of minimal insulation it required one cord of Oak a month and 200 gallons of propane to keep the major rooms (3) in the house livable, and I don't mean warm. The Oak had to be split so no worries about exercise.

Chapter 7  Los Angeles federal court

It's January now and the transfer motion has been affected and I am assigned a judge named Alice Marie Stottler. I'm glad I was assigned to a woman judge, why I don't know, but my gladness turns to sadness pretty quick. Another Motion is filed by the USOC to transfer the case to a judge who has already heard cases between the USOC and other parties. This is known in the codes as 'judicial economy' and does make certain amount of sense but wait a minute - this is the first screw in the coffin. Whether I know it, my case has already been decided before it has even been seen or heard.

I am assigned to Judge R. Gadbois. He's an expert on all things olympic because he has ruled in a case against 99 John Does on one complaint who were selling knock off t-shirts, unofficial hot dogs and chips, and the olympic burrito and other such minutia and trivia during the LA Games, usually on the streets (street vendors), in favor of the USOC where all of these major offenders (none of whom appeared or were likely to) were ruled against and the USOC won the case. Now that's a surprise. This judge also had a say (insider information) in the Gay Olympics case (appeal) which I knew nothing about at this time. The USOC later touts and publicizes their litigations as in the hundreds of cases they have brought offenders of the sacred word. This was their second case in court using the Amateur Sports Act.  Judge Alice Marie Stottler where are you? I don't think this would have occurred in your Court.  We could have had a impact on the 9th Circuit.

In Judge Parker's opinion filed with the Transfer Motion he said, "plaintiff's unconstitutional claims are unclear." Had he not made that statement I might have been thrown out by this new olympic judge. One, I was appearing as my own attorney since I could not retain one to take the case (I was considered nutcase, and a musician too). And though I had some of the best corporate attorneys in town and the best personal attorney one could hope for, they were not trial lawyers. And, two, my complaint was several pages of unclear constitutional allegations supported by no evidence other than the claims. This is exactly how it was supposed to be. By virtue of Judge Parker's statements I was able to Motion for Leave to File an Amended Complaint. The judge granted the Motion and I was given six months leave to file my new complaint. Now six months to get the evidence and facts. A condensed version of the information is below enumerated.

Ready Set - Start

I first must locate and collect data relating to the proliferation of olympic companies who existed using the word olympic for the purposes of trade since 1950. A grandfather clause exempted businesses using olympic prior to 1950. (Olympic Paints for example) I thought there were hundreds but there were thousands. Six hundred Olympic businesses in New York state alone. Every conceivable product or service existed in the U.S. with an olympic prefix. But listings and list have no validity in federal court, and almost without exception every document used as evidence must be certified by the licensing authority. Everything had to be certified. Thousands was spent on certifications. I obtained needed certifications from each state, usually a sampling. The states themselves established their enforcement policy by letter to me at my request. Forty-six states contributed records to my eventual filing of my amended complaint.  This process took about 5 months.

The Federal Agencies      

I started first with the Executive Branch using the Freedom of Information and Privacy Act (FOIPA) to get information. Copyright Office; Interstate Commerce Commission; Comptroller of the Currency; Securities and Exchange Commission; F.D.I.C.; F.S.L.I.C.; Treasury Department (I.R.S.); Customs; Federal Communication Commission; and U.S. Department of Justice. In other words, every agency of the federal government other than the White House. Don't want to bother Ronny.

Read All About It

The U. S. Department of Justice (DOJ) had documents relating to the investigation of olympic committees and the application of U. S. unfair-competition laws to them. They indicated I could not have those documents because they were subject to the exemption privilege. I appealed (as you should) and sued the DOJ and added their letter and refusal to my case file. It was noted as a "related case" to my judge. I never pursued the appeal. The DOJ had gifted me with the information. The DOJ said "olympic committees." Could that be the IOC and the USOC or Donald Duck and Goofy? Not such a stretch.

U.S. DEPARTMENT OF JUSTICE

(reprint)

Leo Oliver LaBranche March 18, 1985

Olympic Records

PO Box 3365

24640 Upper Rim Rock Road

Idyllwild, California  92349

Dear Mr. LaBranche:

This letter responds to your February 27, 1985 Freedom of Information Act request for documents concerning the United state Olympic Committee (USOC).

We have located a four page internal memorandum written in February, 1980, regarding the application of antitrust laws to olympic committees, portions of which mention the USOC. Since release of this document would reveal the deliberative process of the Antitrust Division, it is withheld from disclosure under 5 USC § 552(b)(5) .

Department regulations (28 CFR §16.8) and the Freedom of Information Act provide that denials may be appealed within 30 days. Pursuant to DOJ order 945-81, such appeals should be addressed to the Assistant Attorney General, Office of Legal Policy (Attention: Office of Information and Privacy Appeals) department of Justice, washington, D.C.  20530. Any appeal should be clearly identified as a "FOIPA Appeal." Judicial review is available thereafter in the district where the requester resides or has a principal place of business, the district where the records are located, or the District of Columbia.

If you have questions regarding this response, please contact Leo D. Neshkes at the following address:

US Department of Justice   (202) 633 2692

Antitrust Division, Room 7416

10th and Pennsylvania Ave., N.W.

Washington, D.C. 20530

Sincerely Yours,

Roger B. Andewelt, Deputy Director of Operations

Antitrust Division 

My filing in D.C. federal court against charged unfair competition under the same antitrust laws. In this moment I knew I was right, at least about unfair competition. If the DOJ is investigating what I myself have claimed then I could be correct. I had a short celebration that night. But celebrations are short lived and soon forgotten. Just because I may be right doesn't win me points but did take stress out of wondering if I was on track. Being right didn't make a difference, none. You and I are going together to Mars where Martian laws rules are in play, not like here on this planet, and all stated rules are negated and optional except I better follow them. Included are the rules of fact, truth, observation, precedent, and common sense. When you beat up on the olympic committee you must be raping an angel when in fact your trying to trump the devil.

At this moment in Universal time I won my lawsuit and it's February 1985. My points are made by the United States Department of Justice, my Heros. No, they won't give me those points and investigative documents because that would be using them, their deliberations, work product, and resources of the United States to fight my battle. The federal government can't afford to back or support any litigant or lawsuit unless there is a compelling reason for them to and no nexus existed in my case.

The States

Certifications from the states show olympic business in all fifty states. Exhibits 27 - 526. Twenty-five hundred collected and compiled to be used as indisputable evidence in support of all my claims.

USOC letter to the States.   Exhibit 230-232

What would a Fifth Grader do?

 The USOC informs all the States to not allow any olympic business to incorporate. No state went along with this except the golden state. When does the USOC have rights over a State and audacity to tell them what to do. It acknowledges that olympic companies exist and is asking the state to discriminate one as against the other. Does this retarded excuse for a law, the Amateur Act, empower them to make this request in the first place?  Not one state except California, where I happened to be, went for this. I guess everybody's stupid except California whose always ahead of the curve. I couldn't sue California though they had injured me. I did end up fighting against a California law firm with over 450 lawyers. 

The Fifth Grade Question.

If 'You' wanted to beat up on somebody, put somebody out of business - some olympic business for example, are you going to attack Olympic Records Corporation who has 50 employees and 1800 share holders and stores business records for clients in warehouses in Oklahoma, OR, are you going to go beat up on Olympic Fried Chicken in Tupelo, Mississippi which is run by a widow who's barely making ends meet. The USOC olympic hunters will go to Mississippi. Send letters and threaten them at a minimum. This is an example of what did happen repeatedly and names/places are changed to protect the victims and the innocent.

The Fifth Grade Answer.

Let's go to Tupelo and stop that infringer of our olympic rights; after all we got a deal with Colorado Fried Chicken so she's infringing on our right to license fried chicken using the word olympic. This logic(?) was used again and again and the Supreme Court three years from now will agree with this contention. The tune ought to be "Blinded by the Olympic Light." Oh yes, Olympic Chicken is a financial burden, costing us money for all those threatening letters, so let's charge her legal fees and maybe get her house or business if she can't pay.  I've heard of sick . . .  These are my esteemed and honorable opponents. Heart the size of a molecule, balls the size of a truck, and arrogance beyond any existing on the planet. Makes me wonder "did this policy originate here" or was it imported from across the great water?

By the States (except the golden one) not allowing olympic businesses to incorporate they would be setting them up (the Mom and Pop business) for the olympic hunters when and if it suits the USOC to go after them. This must be the "hundred year" plan. Why on Earth or Mars would a State agree to this ridiculous, obviously unconstitutional distinction, and request?  None of them did, except California. You can't discriminate against your own businesses and people because of a idiotic, arrogant, aristocratic, vicious, and invasive law signed by president Jimmy Carter.

Chapter 8    The Gay Olympics

My lawyer Ruth calls and says get the L.A. Times, nothing more.  I go the news dispenser, shove in 2 quarters, take the paper home and here it is. An article about the Gay Olympics. "Oh God," what now?

The International Olympic Committee (started in France in 1894) operating from Twistzerland) and our U. S. Olympic Committee have decided to put a stop to Dr. Tom Waddell's idea to have a "Gay Olympics". After all, the Amateur Sports Act was specifically written and made law to prevent this kind of blatant and flagrant amateur sports event infringing on the rights of the USOC and, I guess, the I.O.C. as well. It is not laughable. Question here: what the hell is the International Olympic Committee doing on this complaint and accessing our federal courts to beat up on the likes of Dr. Waddell (a past olympian), whether it's statutorily correct or not. Are we being visited by the honorable, saintly, and ordained by God bunch of usurpers? The article says the Gay Olympics people have been sued in San Francisco federal court, 500 miles north of here, and that puts us in the same judicial circuit and they're over a one year into it already. I don't know it at the time but everything I do, or don't do, from now until it's over is going to be 100% controlled by what happens to them. And nothing I do, no matter how good, bad, or indifferent, will ever affect my action, not for a couple of years at least, and for sure not in this forum (the courts). I didn't know and had I known what to hell was I gonna do. A new and compelling reason me to quit. So it's good to be left in the dark on some things?

Dr. Tom Waddell, like myself, has the privilege and honor of living in the golden state, his organization in San Francisco called the San Francisco Arts & Athletic Association (hereinafter referred to as "SFAA"). As I mentioned CA is the only state which is party to this repugnant conspiracy of all the fifty states; the leader of the band for other states to later follow. The proving ground for the new Amateur Act has hit the legal ground in federal court. It's about to be tried and tested. So here we got France, Switzerland, and America going against a fine man who is a medical doctor, an ex-olympian, and soon will be dying from AIDS. Sounds like a fair deal and a good match up.  The stuff of movies. A perfect test case for the new Amateur Act. The honorable ACLU  agrees to defend SFAA. [Mary C. Dunlap & Anne E. Thorkelson, Attorneys at Law]

It's summer again and there's a few months left to re-file my amended complaint and evidence is stacking up. The court record will be eight (8) inches thick, including a forty page complaint. I had good experiences dealing with the States and Federal agencies, some of which would not supply documents once they knew why I was requesting them. I was lucky in New Jersey when the Honorable Representative James J. Florio (later Governor Florio) made a request for me (thank you Sir) and assisted the Secretary of State decide to give up their listings of olympic businesses and corporations after they first refused. It's against most state's laws to withhold public information from anyone who wants it for any reason as long as they pay for it.   I have to subpoena C.B.S. for a copy of the television program, "Crossroads," and a transcript. After doing this CBS changed their policy and if you wanted a video copy of a program you simply had to order it and pay for it.

Amended Complaint filing

I mail it and get it back, it's mis-numbered. Over 555 pages are now reconstituted and put in corrected order.  I re-file and it stays put.

Ex-Parte  - Caution:  Blunder ahead

After a time I am notified by the court of an ex-parte hearing on calendar and I believe ex-parte means a proceeding without the parties present. Every time you assume something it'll bite you. That's not what ex-parte means. So I miss the hearing, and though it's 90 miles to the L.A. court from my home I would have been there two hours early had I understood that ex-parte does not mean "without your presence."  It escaped me. Maybe they thought I was chicken, no not Olympic Chicken. What transpired that day in front of the judge with LaBranche absent was that my complaint was "prolix."  I'm sorry but I had to go look it up. How about you, did you know what prolix means? You probably do.

Prolix means too much, overdoing it, piling on, more than necessary, and such. It also could mean, subject to which side your on, comprehensive. It was indicated the judge agreed with the defendant on that point but my record was never touched. And nothing occurred to, or with, my $35,000 filing and six months labor. I wrote the judge apologized for my lack of appearing and explained my misunderstanding. Nothing further happened in this regard and it was not going to matter. The record was going to be ignored.

Meeting of the Parties

O'Melveny & Myers, downtown Los Angeles, 450 attorneys in the firm. That should be enough to take care of one pro-se litigant. We go to a room with a table large enough for a viking ship and there are three present. Good lawyer, bad lawyer, and a pro-se litigant. They tell me how bad it's gonna be for me to continue and this and that and the other, and they're right, but I don't know that. Meanwhile my questions to them revolve around when are they going to answer my request for a) documents; b) request for admissions; and, c) two interrogatories? They know they're going to get a Summary Judgment ruling against me before any of that is going to transpire. But I don't know that. And these guys keep talking about Bill. Bill this, and Bill that, they're sure enamored with Bill. So I gotta ask, "Bill who?"

Before I tell you their answer know this. When you sue somebody it doesn't matter whose running the company or the show. Your suing the entity, in the this case, the non-profit corporation created by Congress. All olympic committee human beings (directors) are safe from liability because you are suing the "thing." The head of a corporation may end up 'doing time' because of what may occur during his watch but that's not going to happen here. So who runs things is irrelevant, certainly in this case. I had no clue who was in charge of the Olympic Committee. For all I knew or cared it could have been Sir Hugo Fottinthemouth's turn. In my mind I was suing ALL the committee and everyone in it. So Bill who?  Bill Simon of course.

This ends up being William E. Simon the recent Treasury Secretary of the United States under three presidents. Also known as a take-over specialist. He's the guy that signed the money for a long time. I'm sorry this makes no impression. The head of an organization is usually behind everything so this is his baby, his and those guys from across the great water. If Mickey Mouse is running the USOC I'm still not going to prevail.

The first in a series of requests served on the USOC, after the new complaint filing, demanded that they reveal every member of their organization in the U.S. and addresses of their representatives or real addresses. This is not supposed to be a secret organization and for sure if you're in a court proceeding your anonymity is going south.  I did not need to know Mr. Simon was in charge, it would have made no difference except I would have been happy and privileged to put his name on the complaint and sued him along with the committee. They asked me about my suing Richard G. Kline earlier on and if I was going to keep that in the record. I said no, take it out. (I sued him by accident). It takes a really good/bad lawyer to sue by accident.  The meeting goes for a while and then I leave. We did what procedure required and that is the "Meeting of the Parties."

Chapter 9   You lose, Mr. LaBranche

Go to Los Angeles the night before the first real hearing on my case, other than the one I missed. I stay in a downtown hotel to be near the federal court house. It's now the morning of October 21, 1985. A Motion for Summary Judgment is made and accepted by the judge and I lose because the judge knows all about these issues. Actually he's off the hook for now because the Gay Olympics case had now moved to the U.S. Court of Appeals having had a Summary Judgment ruling against them also in their first court appearance which was some time back.  Now they are in the 9th Circuit Court of Appeals (hereinafter "appeals court") in San Francisco. NOW my judge tells me I can go there too because "he's utterly convinced" that my case has no merit and he has not to deal with it at all and sends it up the legal ladder to the next court, where he once sat for a moment. (A federal appeal takes place before a three-judge panel.)

I'm sorry but that hurt. Six months, 40-50 hours a week, thousands of dollars, months of fight or flight and a five-minute hearing and "you lose bud." He called me "quixotic." I knew what it referred to but still went and looked it up.  Oh yeah, the Impossible Dream, me and Don Coyote. Now another statutory clock begins to tick. Thirty days within which to appeal. I didn't think I would be in the appeals court this soon. Silly me. After this hearing I got in the car and drove without stopping to Arizona. I couldn't handle being in California another minute.  The second screw in the coffin. - Case never looked at or heard by the federal court. And, all had already been decided before I got there.

PART II

Chapter 10 Appeals Court  Thirty days, please

I couldn't face the appeals process though I started it. Through Louis M. Brown,* I locate and retain Richard G. Perkins to handle what was going to be an up and down appeals process. Mr. Perkins did a fine job officiating for what ended being meaningless, no reflection on him. One appeal from the district court; two certiorari petitions to join SFAA and get our issues before the Court; supplemental arguments; as well as his appearance at the 9th Circuit hearing. He did very well  - but as mentioned it didn't matter . . .     Circumstances were going in the hollywood tunnel and never come out. Meanwhile I can hardly breathe. This conspiratorial, prejudicial, repugnant, and illegal treatment is telling me something. Now with Mr. Perkins writing the appeal  -  I can do what?

* Louis M. Brown is known as the Father of Preventative Law and it is 1986. He was 'of counsel' for my corporation attorneys (S.B.G. & J.). He heard from the firm of my legal attempts and was interested because I appeared as my own attorney, a term known as "pro se" and sometimes "in pro per." We talked several times when I was at the office and he was always jovial as if something good had happened. He said, "Your situation would make a very interesting book."   His legacy lingers because he suggested the story be written and titled, The Pro-Se Litigant. I honor his suggestion and credit him with the title. I couldn't write this story 22 years ago when he suggested it. Like wine it has aged as I have but the story is the same one. I knew not who I was talking to back in 1986. See below,  

National Center for Preventative Law    (pasted in)

*LOUIS M. BROWN, distinguished emeritus professor of law at USC and a former president of the Beverly Hills Bar Association. A practicing attorney whose career spanned six decades, widely known as the inventor of, and chief spokesman for, the legal specialization of “preventive law.”  Recalling the genesis of preventive law, Brown said in a 1979 interview, “I first used the term in 1950, after observing that many of my clients could have avoided their legal difficulties.”  Preventive law is analogous to preventive medicine. “The time to see an attorney is when you’re legally healthy – certainly before the advent of litigation and prior to the time legal trouble occurs.” “Professor Brown made exceptional contributions toward improving legal education, enhancing the legal profession and educating the community,” said Scott H. Bice, dean of the USC Law School. “His concern for the betterment of society was evidenced by his strong dedication to popularizing preventive-law concepts and making them available not only to institutions and wealthy clients but to ordinary clients as well.”  Thank you, Mr. Brown, for the inspiration and suggestion for this book as well as it's title.

Private Lobbyist

 A private person (individual) does not have to register with the Clerk of the House to become a lobbyist. You or I have the same right and that is 'the right to approach Congress,' whether an individual rep. or the whole club at once. I believe it's a good club.

NOW - I have no corporation or company, no music, emotional exhaustion, no work, and no future as far as I know at the moment. The federal court has just ...... on me, and it stinks on top of the hurt. My remaining capital would have been Year 2 of Olympic Records operations. I am still fighting for Olympic Records so what's next? My 9th circuit appeal will undoubtedly go bad because a three judge panel has now ruled against the Gay Olympics appeal and SFAA is motioning for a rehearing en-banc (issue before the whole nine judge court). This motion is seldom granted. In some ways it is legal procedure to do the act before you can no longer claim the right. SFAA was not doing this for procedural reasons. It was one more step to take before applying for certiorari at the U. S. Supreme Court, which they were soon to do.

What to do?

I'll share a belief. Everyone has an IDEA in a billionth of a second and most people have no earthly realization that manifesting that good, right, creative, and perfect idea could take your entire life, literally and figuratively. That billionth of a second just stole your life because the IDEA appealed to your sense of self-importance. The IDEA is the siren's song and the sea is what you have to work with. By chasing the wrong IDEA the precious time spent executing the IDEA is what is lost. You pay dearly with time that might have been spent having a life instead of chasing one. I'm guilty by association. Looking at my beloved complaint (the house of certifications) it comes to me.   I have another IDEA.

Take the Case goes to Congress

I'll send my lawsuit to Congress! After all my entire action is about the Constitutionality of a law passed by Congress. It's the interpretation of the law that's unconstitutional and the law was NEVER meant to be applied in that manner, NEVER. Congress was made aware of this and they eventually speak. This is not the interpretation intended, according to them. But since they enacted this law that required me to seek redress and undress in one of the three branches of government (and we know how it's going)  I'll send the whole thing to Congress. I don't mean my congressman, I have none. (later on it would have been Sonny Bono* from Palm Springs). The entire Congress made this law and the entire Congress is going to get it. That's a concept that escaped many. I called the clerk of the House and ordered the members list, received it, did a quick read and decided who. I considered a Congressman's role and seniority in the Hallowed Halls. I came up with 200 members of the House and 77 Senators that were going to receive the Petition, Complaint, and Evidence.

*  In 1971 I was playing trumpet with Paul Revere and the Raiders on tour and we were playing state fairs and concerts throughout the mid-west. Sometimes thirty thousand fair goers would fill the stadium type venues. Occasionally we would be in the middle of the stock car track. Sonny (Bono) and Cher were one the groups that were doing several dates with us. Their daughter, Chastity, was about 2. Paul Revere needed trumpets (horn section) because their singer, Mark Lindsey, recently had two hit songs in succession on his own. Silver Bird and Arizona written by an fine Australian songwriter. The songs were recorded in Hollywood and arranged by Artie Butler. This was prime Hollywood arranging, Artie was one of the best. Performing these charts took skill, stamina, and sometimes, courage. Playing these arrangements with loud amplifiers everywhere made the job extra taxing.  Basically, you blew your brains out. Traveling scale was about $900 a week a man, two trumpets and trombone.  A few hours before the first concert appearance I exited my motel room and walked directly into a frisbee hitting my square in the mouth, busting both top and bottom lip. Blood everywhere, but on with the show, that was a hard night.

Back to Congress

Imagine 277 copies of an 8 inch record of over 555 pages each. It took 17 days, non-stop. Seventeen days after I was ruled against in the court. I had 40 copier paper boxes full of the material to assemble and hole punch. Each had front covers of matte paper and so on. I have no assistant other than T.O. and he got tired of helping. He didn't like the smell of copy paper and neither did I. It smelled like boxes of dead something (was that Olympic Records?). 555 pages times 277 sets certified documents originating from all the states.

Another aside: Certifications in many cases are quite attractive. They have the color artwork created for it by the state (flag, state outline, picture) and they have ribbons and foil seals. "TO WHOM THESE PRESENTS COME" many would announce. I had a colorful lawsuit. Ten to fifteen bucks a piece for certifications and it would have made great wallpaper for the suicide chamber. There were not going to be color copies, everything looked a drab unimportant grey. The poor Post Office. I would mail 35 congressmen at a time. The P.O. received these mailings at the back door and I would bypass the Idyllwild P.O. and put them in the truck going down the hill to Hemet, en route to San Bernardino, to LAX and Washington. Each mailing was the size of two phone books. The P.O. had to special order stamps for me. The mailings went to the Congressional Post Office where I'm sure they were glad to see them arrive and more glad when they stop coming.

My lawyer and Jewish Grandmother, Ruth, was vexed at the district court. All she said was, "hurry and get your appeal filed." Many weeks later I told Ruth about sending my case to Congress. The only time I saw her grin. She often smiled but I never saw her grin. Cheshire Cat or that grin Jack Nicholson might throw on you. Not the kind of grin you wanted to see from an opponent. She said, "you politicized your lawsuit."  She was 80, I was 40 and I used to tease her (not much) "if you need (T)Ruth C. Tachna." The first and only lawyer I ever loved.

OK, all the Petition mail is sent that's going at this time. I'm on day to day "what am I gonna do next" mode. Before hearing from Congress it comes, another olympic revelation. Our Embassies in foreign countries might tell me, if properly approached, what the restriction of the use of olympic was in their particular sovereign State. I was informed that olympic was restricted all over the world so let's see.

I go to the UC Riverside Library where I find information on the State Department. I need the addresses of all Embassies, commercial officers names and such. Thank God for Libraries. The State Department is in charge of our Embassies and Missions abroad, and lot of other things. You can write to an Embassy or Mission and it goes in the diplomatic pouch and you get an answer from a communications officer for the price of a stamp.

Congressional Replies

Now I must be the one who's misinformed because I am told (by some) a) I'm worrying for nothing, b) the law will never be interpreted that way, c) the law is not being interpreted that way, d) don't bother me I'm not your Congressman, e) I don't see any problem with our olympic businesses, f) thanks for nothing, g) I must be crazy (jury's out). In other words the Amateur Sports Act is not intended, and will not be enforced in the manner you are complaining about. Besides, what do you know about the law, anyway, and, you're a pro-se litigant. Couldn't you get a lawyer? However, I received a lot of responses where the Congressmen took me seriously else how could this petition (which went as Cover of the court record) be referred to the Committees of the Judiciary of both bodies, and later, assurances freely given by Senators of the Judiciary Committee.

As a personal lobbyist I am contacting Congress for me and my problem. One man trying (to steer the Titanic with his tongue) to get the attention of a large body of spirits and egos not too concerned about the issues of one solitary music man living in Idyllwild, California, and yet, the power of my court record now had a positive and real effect. It contained more weight than just the pounds. In fact it was a comprehensive record of Olympic use in America. The only record I would add.

Journalists

Ruth suggested I run an ad in the New York Times announcement section soliciting the interest of businesses using Olympic as part of their name. A way to get some people on my side and find some kindred spirits, I thought.  OK, so I do and the main responder to this ad is "the press." Now begins interviews, accusals, interrogatories, rebuttals, and the like. I might be the scourge of the planet who had the audacity to sue the USOC. I recorded every conversation and interview that came through my convenient 800# listed in the ad. Most journalists, with a few exceptions, were smarter, had better information, knew the USOC position better, and thought on most occasions they were a better lawyer. A few I dared to meet with me in person, you name the time and place. One of the largest networks had their reporter quiz me while on the other line with the USOC. His main interest was how soon I was going bankrupt. I'd say USOC publicity machine was working well.

One article was printed in the Wall Street Journal after many interviews with the reporter, October 28, 1986, by Andrea Rothman. There's a center box sometimes used in an article to sum up, so to speak, what the article is all about, or the main point, if you will. The box reflected my statement and belief and is as true now as then.  "It's a word in the English language; it doesn't belong to Congress or the USOC  . . ." (the remainder of the answer was omitted and declared, "it belongs to us."  Andrea asks "who's us?" I said "you - and me" - and you no more than me, and certainly no less than me.  Another way of saying it (and this was my meaning) would be "It's in the Public Domain," and it's not gonna be removed by legislation or court action no matter how hard they try and change the facts and the truth, but it won't stop the conspiracy from trying. 

Chapter 11 Summary Judgment

October 21, 1985 the summary judgment against me was issued. Seventeen (17) days later I have completed my task of copying, assembling, and sending my lawsuit to Congress. Before sending I must construct a Petition (complaint) to precede it. The 'cover story, ' all seven pages. There are many things to consider so the entire 'send' may be suitable for referral to a committee, or sub-committee. Below follows what was sent to two hundred (200) House members and seventy-seven (77) Senators. The Petition was identical in both Houses. I use Senator Kennedy's name on this copy out of respect for him and his family as well as because he and I had written communications re his concern for this issue, especially as it might affect the "Special Olympics" group which was a family endeavor.

UNITED  STATES  SENATE

99th Congress

PETITION

"EMERGENCY APPEAL FOR NOTICE AND ASSISTANCE"

From: Leo Oliver LaBranche Jr., A National Citizen, Idyllwild, California

Regarding: Leo Oliver LaBranche Jr. v.  United States Olympic Committee

                       Plaintiff     (a non-profit corporation) Defendant

United States District Court Case No. CV 85 481 RG

Central District of California

REASON FOR PETITION:  36 U.S.C. §§ 371 et.seq.., specifically "section 380."

            [exclusive commercial rights regarding the word Olympic]

Authority for this Petition (if necessary) is pursuant to National Citizenship

and

WATKINS v. UNITED STATES

354 U.S. 178, 1 L Ed 2d 1273, 1284, 77 S. Ct. 1173 (1957)

To The Honorable Senator Ted Kennedy

From the State of Massachusetts

Dear Senator Kennedy:

I

Background

LaBranche v. USOC:  A summary judgment ruling was handed down in the Central District of California federal court on October 21, 1985 in favor of the USOC based upon a Ninth Circuit Court of Appeals ruling in regards to the issue of constitutionality of 36 U.S.C. § 380, [all had already been decided by the 9th circuit], the exclusive right of the USOC to control commercial use of the word olympic. The USOC's counterclaim was also granted. The case was originally filed in the U.S. District Court for the District of Columbia on October 5, 1984 [case no. 84 3099] in anticipation of the possibility of unfair treatment in California. The required JS-44C cover sheet stated as a basis for the action, "Unconstitutional Legislation, 36 U.S.C. §§ 371 et. seq." The case was subsequently transferred to the Central District of California where petitioner's [hereinafter referred to as "I" or "me"] business was located. The ruling indicates that six constitutional challenges, as well as other federal law conflicts and violations, need not be heard, because similar constitutional challenges did not survive in a Ninth Circuit Court of Appeals ruling. The Ninth Circuit opinion referred to was  I.O.C. v. San Francisco Arts & Athletics, locally known and hereinafter referred to as the Gay Olympics case. The district judge that ruled my case sat by designation on the Ninth Circuit panel of three judges that made this ruling in the Gay Olympics case. There were three law firms from three cities and a panel of two Federal Appellate Judges (and my judge) v.  SFAA and two lady lawyers from the California Chapter of the A.C.L.U..

II

Scheme - Plan - Design - Conspiracy

The USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate their defective law. This plan came into being around 1977 when new efforts were made by amending 36 U.S.C. §§ 371 et. seq. into the "Amateur Sports Act of 1978" to bring forth and advertise their exclusive rights and commercial control over the word Olympic. The addition of 1978 undoubtedly to make it seem like a recent law. I note here that agents for the U.S.O.C.. are diligent in the prosecution of any business they come across that is in a weaker position, or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law. Through recent years there have been decisions, precedents or incidents regarding the following "opponents." Many innocent persons have been hurt and the USOC hides behind Congressional delegated power and blames the resulting injuries on Congress.

1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000] and this undoubtedly wetted their appetite for future actions. The March of Dimes organization reluctantly chose not to litigate [defend] with contributors money. The legislative intent regarding the statute [law] stated in

Senate Report No. S. 2523 of 1950 is as follows: 

"These games have only to do with amateur athletics"

2). Paralympics, paralyzed person competing in their own games;

3). Retired persons, elderly persons Golden Age Olympics;

4). Olympics of the Mind, children;

  5). Gay Olympics [the four year old Federal court case];

6). In the case Stop the Olympic Prison v. USOC [1980 NY] The USOC was sued and the plaintiff Stop, prevailed. YET the USOC received, solicited, or created an out of context dictum regarding Federal trademark registrations which is now included as a decisional note printed at the bottom of § 380 in the U.S. codes as authority to prevent trademark registrations.  Note, the court in this action states that non-profit uses of "olympics" was permitted. This was the principal topic of the action. The USOC did not follow this ruling in the March of Dimes "Reading Olympics" incident, though the authority in Stop, dictates it is permitted to use olympic designations for non-profit purposes.

7). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the USOC will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.

III

Agents

Whether or not the USOC is aware of what their agent's are doing remains to be discovered. The lawyers for the USOC Richard G. Kline of Washington, and others, are completely responsible for this immoral, unethical conduct and reprehensible behavior under the color of Federal law and they further claim Congressional support for their actions. I would add this defective legislation would provide employment for Mr. Kline and his firm for the rest of its life at the expense of all similarly situated, and especially weaker or helpless opponents. This enactment is more defective now than it ever was, except now it is on the way to becoming lethal. 

IV

The "United" States

My investigation and documents prove that 46 [+/- 2] states through successive administrations over a period of thirty-five (35) years have denied applying this defective law to their citizens. 

V

Federal Law Conflicts

The Amateur Sports Act of 1978 conflicts with the following federal laws, excepting Constitutional charges which are attached separately.

A) United States Copyright Law, 17 U.S.C. §§ 101 et. seq. provides protection for over 500 claimants using the word olympic. Every copyright registration is protected  outside the U.S. by virtue of the Universal Copyright Convention of 1974 in the contracting states. The U.S. Copyright Office must abide by copyright law, and copyright law simply dictates, "You cannot own a word in the Public Domain," consequently there are 585 registered copyrights using olympic in some way or other since 1946. [exhibit 237 of clerk's record]. My company has three valid copyrights using olympic and I own or hold title to 125 U.S. Copyrights going back twenty (20) years.

B) Trademark Act of 1946 [Lanham Act, 15 U.S.C. §§ 1051 et seq.]. In attached excerpts from the clerk's record the USOC claims and admits that the controlling law in regard to the Amateur Sports Act of 1978 is Trademark Law. The most common of trademark principals is the "no exclusivity, no trademark" rule, and we know 'exclusivity over olympic cannot now, or ever be, appropriated by the USOC from the public, even though they are making the attempt. In my action I also attacked trademark registration no. 968,566 as invalid. This registration was issued in 1973 and is listed in a "plurality of classes" over which exclusive rights and control are said to exist to the exclusion of all others in each of the classes of goods covered by this registration. The attached clerk's record discloses that there are hundreds of businesses in each of the classes the USOC claims to hold exclusive rights and privileges in.  A further ground for invalidating this mark is found in the abandonment provision of the Trademark Act of 1946 [15 U.S.C §§ 1064(c). A further fraud exists regarding the section 8 affidavit required to be filed between the 5th and 6th year of the registration to keep it in force for the full 20 year term. [see excerpts from clerk's record, attached]

C) A trademark is described in section 380 (a)(2) for which a Federal trademark registration exists [no. 980,724]. This mark was used upon Exhibit 231 of the clerk's record which was provided by the Secretary of State of Alabama. This letter requests the states to discriminate between natural and artificial persons and is not exactly a fair or legal use of a trademark [no. 980,724] or a federal law.

D) The sum total of the USOC's acts equal violations of the Sherman Antitrust Act, 15 U.S.C. §§2, 15, and 24 and if one included the International Olympic Committee, a § 1 violation would also exist. The I.O.C. and the USOC perpetrated this fraud upon Congress and the American people during 1949-50. The I.O.C. has been trying for at least thirty-five (35) years to influence the local olympic body in various countries to request legislation from their sovereign for the protection of the interlocked rings as well as the word olympic. The trouble is, is that most olympic committees are a part of the sovereign body. I have letter correspondence from U.S. Commercial Officers at our Embassies abroad and they have provided information indicating the I.O.C. is still in the attempt. Embassies in the following countries were polled to determine the local policy regarding olympic. These exhibits are not included in the attached record because I failed to keep a copy when I appealed to my district judge for a ruling on a DOJ appeal from a refusal for records pursuant to 5 U.S.C. §552(b)(5) [FOIPA Appeal no. 85-0521, Antitrust division] The DOJ appeal filed with the district judge was not not pursued. No need to, the DOJ had already "gifted me."

*Indicate where Olympic Records has been or would export product.

[Records/Tapes, CD's /Video]

KOREA* No Restriction 01.29.85 reply

NEW ZEALAND* No Restriction 02.01.85 reply

DENMARK* No Restriction 02.04.85 reply

PORTUGAL No Restriction 02.05.85 reply

ITALY No Restriction 02.14.85 reply

CANADA* RESTRICTION 02.20.85 reply (policy changed)

AUSTRALIA* No Restriction 02.21.85 reply

COLUMBIA No Restriction 03.O5.85 reply

SPAIN No Restriction 03.12.85 reply

U.K.* No Restriction 04.10.85 reply

BRAZIL* No Restriction 04.11.85 reply

JAPAN* No Restriction 08.07.85 reply

NORWAY (Olympic is for rent) 08.12.85 reply

The U.S. embassy in France and Greece did not reply. And some speculate these two countries have been at odds over "who" owns the word olympic since forever.

VI

Conclusive Presumption

A conclusive presumption exists that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law.  It is estimated there are Six (6) thousand businesses and corporations (plus or minus 1000) using olympic for the 'purpose of trade' since 1950 listed in the Master Files.  Six (6)  thousand exceptions to the rule that has been applied to me and may later be applied to others.

VII

Personal - Prayer

I hereby pray to the Congress. My faith in due process in the federal courts in this circuit is diminished to extinction. When I initiated this action there were legal advisors available but none would take on the USOC, and even fewer believed that it was possible to attack their federal law in the courts, especially in a California federal court where the law I attacked is selectively enforced by the State of California against its own citizens. This is California's federal version of due process, equal protection, and right to redress. I can see why lawyers were reluctant. I have appeared 'pro se' throughout the proceedings [18 months since PTO refusal]. I respectfully submit that 36 U.S.C. §§ 371 et. seq. [Amateur Sports Act of 1978] is a California law which is about to spread its plague to the other states in the Ninth Circuit and thereafter the other circuits. Many judges, such as the one in my case, would like to see their name in publication upholding this defective instrument with their own interpretation or construction in the name of amateur athletics and their own historical perspectives.

If this legislation is upheld I will lose my (1) tradename, (2) business, (3) 4 years of effort, (4) 3 years gratis effort by several directors, (5) $125,000. at least in out of pocket, (6) the costs of this action, (7) USOC's attorney fees, (8) a pending federal trademark and design which is as suggestive and as strong a mark as any mark now in existence in the entire [music] record business.

Note: Corporations titled Olympic Records have been in existence since 1921 [evidence secured from Library of Congress], the same year the U.S. Olympic Association was formed. This was a few years after wire recording was invented by Thomas Edison. Every Olympic Records company or corporation formed during the past 64 years has closed, but to close my corporation and destroy my stock will require something incredibly stronger that a federal judge who said, "I know all about these things," because he once sat on the ninth circuit panel and ruled against the "Gay Olympics."  Eighteen months of seventy (60) hour weeks culminating in a 2.5 minutes of due process. I said nothing, and in some ways I thank him for revealing how deep the stench of political influence permeates California and I have never received such an unfair blow in my life. [As if to say, no merit to my claims].   I was defeated before my case was transferred from the District of Columbia. The judge I was assigned was in charge of all cases between the USOC, IOC, LAOOC and any complainer. I believe this is known as judicial economy.

The Washington Federal Judge indicated that I should have sued the PTO. That would have stopped the transfer to California but I chose not to sue the United States and the Department of Commerce out of respect for my registration and my country. I also knew my hands would be full with the defective law but I thought the court would be fair, but I've tasted California federal justice.

VIII

Remedies

A person with so many injuries must have remedies, else the injuries may become permanent, fatal, and spread. These injuries were caused by a person(s) scheme or plan to take advantage of the American people in the name of Congress. I believe that will no longer be possible as of the date this appeal is received. The following remedies are submitted in the event that one or more remedies fit the occasion. Some are simple, lethal, and quick, followed by an investigation I am requesting pursuant to Watkins.

A)  Repeal statute (law), never subject to re-enactment. Order the return of he unjust enrichment appropriated from the March of Dimes organization with interests.

B) Apply for or order, an indefinite stay of my action in the Ninth Circuit Court of Appeals until an investigation into the activities of the directors, officers and agents, specifically one Mr. Richard G. Kline and his immediate associates, under color of defective federal law

C) Repeal statute, subject to re-enactment after a Congressional investigation

into the activities of the directors, officers, and agents.

Investigate  the following defects:  

i) section 371, present directors are not listed.

ii) section 374 (13) has been negated on many occasions.

iii)  section 375(b) is violated. This section states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the charter.

iv) section 380 should be burned. The USOC does not own olympic, olympiad, and the word "theatrical" should be removed from the language in this section. An interpretive and directive note printed after section 380 at 203 is a further insult to the U.S. Codes and is an insult to the Judge who ruled on the issue who, I am sure, had no intention ruling in favor of the plaintiff Stop and also being gratuitous to the defendant USOC by comments regarding the applicability of this case to trademark prohibitions. Both parties seemed to prevail in this action according to the USOC.

v) section 384 regards appropriations and there should be no further appropriations to this body, with or without federal law, because they will never need financial assistance for as long as the organization exists. The surplus from the 1984 games is in the hundreds of millions of dollars which, by my estimate, is sufficient to finance the games until 2020 if the Committee never raised another dime. Twenty (20) million dollars of this surplus belongs to children riddled with birth defects. Undoubtedly this is the true and proper function of a patriotic organization clothed in Federal authority implemented by predator/scavenger agents, published in the United States Codes.

vi) a description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons.

vii) A network television broadcast entitled "Crossroads" aired on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a segment titled the "Olympic Essay."  Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic, their exclusive property.

viii)  the corporation is responsible for the acts of its agents and the directors are responsible for the acts of the corporation, therefore all are guilty of Sherman Act §§ 2, 15, and 24.

I subject myself to any form or investigation or inquiry the Congress would desire. I was born in New Hampshire (1946), grew up in Florida (8 years), lived in Georgia (ten years), and finally arrived in the golden state (1978). If this law survives I am certain that I am ruined.

IX

In Congress We Trust

In Congress I trust or I fall. I vow until my last dime is spent, my last security exhausted, and to the liquidation of every tangible and intangible asset I have at my disposal, I will continue to fight. I will not be made an example of to the injury of other similarly situated olympic businesses and corporations such as mine. 

In Congress I trust, as I now turn my attention to my Ninth Circuit appeal. Notice of Appeal to be filed before November 20, 1985.

Leo O. LaBranche Jr., a National Citizen.

President, Olympic Records, Inc.

Terminus of Petition - This was sent along with the voluminous record to 77 Senators and

200 House Members. Petition noted in the Congressional Record  (99th Congress)

 02.05.86  - Pet. 0274 and referred to Judiciary Committees of both Houses.

Chapter 12      The Olympic Record

I need to contact all olympic businesses in my case record. Now that I have a petition lodged and assigned to the Judiciary Committees I must get the word out about getting the word back. I devised a method by publishing what follows to all similarly situated, whether they knew it, agreed to it, liked it, or not. I constructed the Olympic Record, the newsletter of Olympic Records, Incorporated. That must be illegal. Many contacted were not overjoyed to hear from me. But it did inform them of what was transpiring in the courts and now possibly in the Congress. This would ultimately affect them though there were many many disbelievers. I wasn't here to convince them, who is one man to do that. I heard back from all I needed to. At the end of the Olympic Record, I announced the future formation of a registered lobby to be called, the NATIONAL ASSOCIATION OF OLYMPIC BUSINESSES (NAOB). A non-profit registered lobby, authorized by Congress, also by the I.R.S. as a 501 c(6), to be headed by me so all future contacts with Congress would come from us, and not from a lone litigant. I had been doing this for over eighteen months and I am tired of doing it alone.

The 99th Congress has already accepted as received my Petition, Complaint and mountains of evidence so whoever may join my new lobby group is already covered under my first personal petition to Congress. They're already present and accounted for.

Several paragraphs in the "Olympic Record" are reprinted from the Petition, redundancy is required. Skip over those paragraphs if you like and go to Chapter 21.

Sent to 2,500 entities using the word olympic in their business.

All businesses present in the court record in, and as, evidence.

THE OLYMPIC RECORD

Published by Olympic Records, Inc.

HISTORY - Published Information

In the year 1894 the congress of Paris awarded the words olympic and olympiad to the International Olympic Committee [IOC]. History has it the French government was happy that the revised olympic games of 1896 were to originate in their country. There were 13 political parties at that congress of Paris. Since that time the IOC has endeavored to promote or 'pass on' this gift of olympic and olympiad to national olympic organizations. On occasion the IOC has been successful in obtaining legislation to this effect. In the year 1950 the U. S. Congress passed the American version of the IOC's charter, then titled "An Act to Incorporate the U. S. Olympic Association."  Section 379 of this act prohibits commercial use of the word olympic (for the purpose of trade) by any person without the permission of the Olympic Committee.  During 1978 the olympic law was amended, re-titled, resection and is now the Amateur Sports Act of 1978. A one time appropriations* of $30,000,000.ºº was included in the Act.   Section 379 now became § 380.  

BACKGROUND of OLYMPIC RECORDS

The Record Label 

During 1982 Olympic Records company was organized in North Hollywood, California. After investigation it was found there existed no entity using the tradename in the United States at that time. Companies and corporations using this distinctive name go back to 1921. Twenty years as studio musician, music arranger & orchestrator, record producer, and music publisher encouraged my belief that Olympic Records could succeed.

We attempted to incorporate the business in California and were refused because of the Amateur Sports Act of 1978.  This was our first notice of the olympic law.  New York was contacted and it was found that it was permitted to incorporate there, and we did so Jan. 5, 1983.  The next step in protection of the trademark (company name) was the Patent & Trademark Office. After engaging in interstate and foreign commerce for one year an application was made for a Federal trademark registration for the company trademark and design. The application was refused pursuant to section 380 of the Amateur Sports Act which prohibits use of the word olympic for the purpose of trade.

·      In 1978 numerous Congressmen registered their opposition to the U.S.O.C. receiving any taxpayers funds and some Congressmen did not want the U.S.O.C. [amateur athletics] to be in any way associated with the Federal government. 

·       

THE SUIT

A complaint was filed in the Federal court in the District of Columbia. The court transferred the case to Los Angeles where our business was located. Our action included constitutional questions, copyright & trademark conflicts, and unfair competition. The district court judge ruled for the U.S.O.C. and stated, "all that was necessary to violate the Amateur Sports Act, [§ 380] was to use the word in conjunction with any commercial enterprise [for the purpose of trade] without the USOC permission since 1950." Judge admonished, " go to the appeals court" and so we went. The exhaustive evidence which became the clerk's record in the case included:

(a) 350 pages of documents obtained from 46 states and 9 Federal agencies, these documents consisted of Certifications of good standing and computer print-outs of records in the custody of the State or Agency; [Federal records obtained through the Freedom of Information and Privacy Act].

(b) most states revealed their policy regarding the applicability of this law to their citizens, forty-six (46), plus or minus two, denied the enforcement of the Amateur Sports Act of 1978, § 380;

(c) a video copy of a program subpoenaed from C.B.S. News which broadcasted Aug. 1, 1984  [opposite the games] on which the U.S.O.C. threatens to sue all persons who use the word olympic without their permission; (the broadcast, along with the PTO refusal, were deciding factors in initiating the anticipatory action challenging the law) and,

(d) compilations from various directories which put the number of olympic businesses formed since 1950 in the thousands, one state alone had 600.

  I could not convince a Federal judge in Los Angeles that the Olympic Committee's charter was defective, so, on with the process in the U. S. Court of Appeals for the Ninth Circuit where a panel of three judges will decide. A stay was granted until late June when the opening arguments are due.  A related case, IOC & USOC vs San Francisco Arts & Athletics [Gay Olympics case] has not been finally determined. In this four year case the IOC and USOC brought action against the SFAA organization for calling their games olympics.

MY PERSONAL PETITION

House of Representatives, no. 0274

On November 15, 1985 a petition was sent to 77 Senators and 200 Representatives, including a copy of the before mentioned video, 350 pages of documents, and 30 pages of grievances and additional material. Each congressman selected received a five-pound package by first class mail. Several unofficial responses were received, one of which was, "if you don't like a Federal law or section thereof you might submit a 'corrected' version of what you feel is defective." Other comments suggested it was not their problem until/unless their constituents complained.  However, this petition was referred to the Judiciary Committee of both Houses by their speakers and noted in the Congressional Record.

EXCERPTS FROM PETITION

Page 2, Head II

Scheme-Plan-Design-Conspiracy

The USOC, through and with its agents, has had a plan in effect to build case law and court opinions in an effort to validate section 380 of their defective law. I note here that agents for the U.S.O.C. are diligent in the prosecution of any business they come across that is in a weaker position or is utterly helpless, so as to obtain published and unpublished case law opinions, comments, directives, or other authorities to build a track record for their defective law. 

1). March of Dimes - - In the "Reading Olympics" incident the U.S.O.C. became unjustly enriched by the sum of ten million dollars [$10,000,000.ºº]. The March of Dimes organization reluctantly chose not to litigate [defend] with contributor’s money due to ethical, moral, and publicity considerations. The legislative intent of the statute stated in Senate Report No. S. 2523 of the 1950 Congress is as follows: 

"These games have only to do with amateur athletics"

2). Paralympics, paralyzed person competing in their own games;

3). Retired persons, elderly persons competing in their own games;

4). Olympics of the Mind, children;

  5). Gay Olympics [the four year old Federal court case] ;

6). Section 374 (13) [objects & purposes] of the Amateur Sports Act states that the U.S.O.C. will assist handicapped individuals in competitive activities and would also mean not to threaten them, sue them, and/or take their funds.

EXCERPTS FROM PETITION

Page 3, Head III

The lawyers for the U.S.O.C. (RICHARD G. KLINE & CO.), Washington, D.C. are completely responsible for this immoral, reprehensible, and unethical conduct and scheme under the color of Federal law and they claim recent congressional support for their actions. I would add that this defective law would provide employment for Mr. Kline and for the rest of his life especially against weaker or helpless opponents.

Page 4, Head V

My investigation and documents conclude that 46 [+/- 2] states, through successive administrations over a period of thirty-five years have denied applying this interpretation of law to their businesses or citizens, even after instructed to by the USOC.

Page 5, ¶ D 

I have letter correspondence from U. S. State Department through commercial officers at our Embassies abroad and they were polled to determine the local policy regarding olympic.  *Indicates countries where OLYMPIC RECORDS has been or would likely export product. [Phonograph records & tapes, compact discs and videos, film, other digital media of any make or description.]

*Korea,  *New Zealand,  *Denmark,  *Italy, *United Kingdom,  *Australia,  *Columbia,  *Spain, *Brazil, and *Japan have no restrictions upon use of the word in their respective public domains.  Only Canada and Norway have restrictions upon use of olympic. No replies were received from our embassies in France or Greece. Canada later changed it's policy after the NOAB was legally formed and licensed by Congress to act as a 501(c)(6) lobbying organization and contacted Canadian olympic businesses who took it straight to Parliament where the issue was addressed.

Page 6, Head VII

A conclusive presumption exists (and is not defeat-able) that each and every business in every state who use olympic for the purpose of trade has a Federal tax identification number [EIN] in the master & regional files of the Internal Revenue Service [Treasury Department] because they are required to by law.  It is estimated there are five (5) thousand businesses and corporations using olympic for the 'purpose of trade' since 1950.  Five thousand exceptions to the rule applied to me and may later be applied to others.  All existing "Olympic" businesses pay taxes and yet are still prohibited from full legal status, in the federal sense, as long as this law or section of law exists. Also, one may not obtain a Federally registered trademark for protection should they engage in interstate or foreign commerce. A Federal registration or status may mean little to some but this record and effort demonstrates what value we place upon it.

Page 9, Head IX, Remedies

The following remedies are hereby submitted [to Congress] in the event.

A) Repeal statute (law), never subject to re-enactment.

B) Repeal statute, subject to re-enactment after a Congressional investigation

into the activities of the directors, officers, and agents.

Investigate  the following defects:  

a) Section 371, present directors are not listed.

b) Section 374 (13) has been negated on many occasions.

c) Section 375(b) is violated.*

d) Section 380 should be burned. The USOC does not own olympic, olympiad . . .

A description of Federal trademark registration no. 980,734 is included in this section [380] and this mark was used on a letter sent to the states in 1978 requesting the states to discriminate between natural and artificial persons. This trademark is more invalid then anything ever registered with the PTO since the beginning of that office.

* § 375(b) states that this law shall not conflict with any state or Federal constitution, or any existing federal or state laws. This section voids the entire charter. It violates every state constitution.

Page 10

A network television broadcast entitled "Crossroads" broadcasted on August 1, 1984 [opposite the games] which 11% [A. C. Neilson] of the audience share viewed a portion titled the "Olympic Essay."  Threats 'to sue' were broadcasted to the nation aimed at all persons who use the word olympic for the purpose of trade, the exclusive property of the defendant.   

 Revised Amateur Sports Act  -  Petition 373  -   Proposed Amendment *

During January of 1986 I submitted a 'proposed' introductory amendment sent to the 100th Congress to replace section 380 of the Amateur Sports Act of 1978 and was submitted and lodged with all Members of Congress.  We have since heard from the Committee on the Judiciary of both Houses.  Senator Strom Thurmond, [SC] the Chairman of the Senate Judiciary Committee and Representative Peter W. Rodino, Jr., [NJ] chairman of the House Judiciary Committee responded. (Petition 0373 noted in Congressional Record)

Participate in the Legislative Process

This is a solicitation for views or statements to be directed to the Congress. We are forming the "National Association of Olympic Businesses" to lobby the Congress as a group. To date no businesses have been contacted.  You may have views that your Congressman would like to hear.  Please make these views known to the Judiciary Committee of the SENATE and the Judiciary Committee of the HOUSE.

Refer to the AMATEUR SPORTS ACT OF 1978 and/or to Petitions

House numbers 0274 & 0373.

* As was sarcastically suggested by a disgruntled representative.

Help Get The Word Back,

____________________________________

LEO O. LABRANCHE, JR.

PRESIDENT, OLYMPIC RECORDS, INC. 

NEWSLETTER OF THE OLYMPIC LOBBY      

                      

PART III

Chapter 13

Excerpts from Petition 373,  Congressional Record June 4, 1986

The following table exhibits the author's audacity in practice, that's why they call it 'practice' in law and in medicine. A Congressman suggested, "if I did not like a law I should write a new one in its place." I did just that. The critique that follows is true in every utterance. The footnote table alone destroys the Amateur Sports Act of 1978 unless we use Martian rules earlier mentioned

Martian Rules of Civil Procedure:

The total disregard for facts, truth, logic, precedent and/or common sense, and an equal inability to see past the olympic light (blinded by the light) at the usurpation of American rights by the USOC and IOC conspiracy. That is called Martian Logic and Procedure and as we know Martians no longer use this method because they're all dead. The text of the existing law is outlined below with Footnotes denoting problem areas.

SECTION 380 OF THE AMATEUR SPORTS ACT OF 1978

Author's Analysis:  Section 380 of the Amateur Sports Act of 1978

Title 36 U.S.C. §§ 371 0 396, (1982)  P.L. 95-606

Section 380 as written with footnotes designating the problem areas.

Footnotes attached to footnote table. Footnotes illustrated as  *1

§ 380  USE OF OLYMPIC symbols, emblems, trademarks, & names.

(a) Unauthorized use *1; civil actions; unlawful use prior to September 21, 1950. *2.

Without the consent of the corporation *3, any person who uses for the purposes of trade *4, to induce the sale of any goods or services *5, or to promote any theatrical *6 exhibition, athletic performance, or competition *7.

(1) the symbol of the International Olympic Committee, consisting of five interlocking rings; *8

(2) the emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocking rings displayed on the chief; *9

(3) and trademark *10, trade name, sign, word *11, symbol or insignia falsely representing association with, or authorization by, the International Olympic Committee or Corporation; or

(4) the words Olympic, *12, Olympiad, *13, Citius Altius Fortius, or any combination or simulation thereof tending to cause confusion, *14, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity *15 shall be subject to suit in a civil action by the Corporation for the remedies provided in the Trademark Act of July 5, 1946 *16.

However any person who actually used the emblem in subsection (a)2, or the words, or any combination thereof, in subsection (a)4 for any lawful purpose and for the same goods or services is exempted. In addition, any person who actually used, or who's assignor actually used, any other trademark, trade name, sign, symbol or insignia described in subsection (a)3 and (a)4 for any lawful purpose prior to enactment of this Act [Sept.21, 1950 *18, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.

Section 380 (b) Contributors and suppliers *19

The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to, or for the use of, approved, selected, or used by the corporation or the United States Olympic or Pan-American team or team members.

Section 380 (c). Exclusive right of the Corporation.  *20

The Corporation shall have the exclusive right to use the name United States Olympic Committee; the symbol described in subsection (A)1; the emblem described in subsection (a)2; and the words "Olympic", "Olympiad," "Citius Altius Fortius," or any combination thereof subject to the preexisting rights described in subsection (a).

 ______________________________________________________________________

The AMATEUR SPORTS ACT of 1978 - - - FOOTNOTE TABLE                                    

Ft *1 The first words of [§ 380] subheading (a) declare "Unauthorized use" of the word olympic is not permitted.  The language  declares  authorization necessary to use the word olympic and implies that authorization is available from the USOC with their consent. This section of the Act begins with a false statement.

a). Most of the United States  authorize, permit, allow, or otherwise provide assistance to, and accept taxes and other fees from,  over two thousand  olympic businesses formed since the enactment date of section 380 [previous § 379], September 21, 1950.  Tens of thousands of persons are employed by these companies in these states. Many of these businesses are active in interstate commerce. Insurance companies, banks, transportation companies, chains of businesses . . .

b). Authorization to conduct business using olympic (whether intrastate or interstate) since enactment date of the Act is given to businesses by several Federal agencies, including the Department of the Treasury, F.D.I.C., F.S.L.I.C., the Internal Revenue Service, the Interstate Commerce Commission, the Securities and Exchange Commission, and the U.S. Copyright Office. The Federal Aviation Administration  and  Federal Communications Commission have a similar policy. 

c). Authorized use of the word olympic is not permitted by the USOC without an accompanying USOC designation. Permission is not available except in conjunction with one of the numerous other symbols or designations of the corporation.

The opening words in this  subheading (a) are not true.  There has been no authorization necessarily obtained from the USOC to use the word olympic, since 1950, 1978, or 1986.

Ft *2  [L] awful use prior to September 21, 1950.  [Grandfather clause]

a). The grandfather clause is defective. The intention of the 82nd Congress in adding this provision to the Act was to insure the rights of persons, corporations, businesses, trade-names, and trademarks who or which existed prior to the enactment date of Sept. 21, 1950. This provision has been completely avoided and taken exception to by the overwhelming majority of the states through successive administrations and also avoided by the Federal agencies with one exception being the P.T.O.. 

b). Officials of state government are qualified to determine whether a person seeking to register a (i) corporate name, (ii) trade name, (iii) business name or, (iv) trademark using olympic is infringing upon the USOC. No reason exists to inhibit or obstruct intrastate or interstate commerce of those using olympic since the enactment date of the Act. The grandfather clause has been completely, and justifiably, ignored. Should a  grandfather clause be reenacted in a revision to this section I submit it would immediately be challenged in a Federal court.

Ft *3 [W]ithout the consent of the corporation.

a). No one may obtain the consent of the USOC to use olympic without an accompanying olympic designation. Consent is not available nor have the States or Federal agencies needed consent from the USOC to authorize businesses and corporations to exist within their territorial boundaries.

b). If consent were available to use olympic, as in "rent a word", I submit it would be  most difficult, if not impossible, to create a standard by which one could rent the word olympic for commercial use. It cannot be rented,  leased, or loaned for everyone already has it and olympic is  Public property.

c). Natural and artificial persons may obtain the consent from their own particular State for permission to use olympic. Two to three thousand businesses and corporations throughout the United States are doing business (since 1950) such as: Olympic Flame Inc.., Olympic Games, Inc.., Olympic Enterprises Inc., Olympic Expositions Inc., Olympic Ideas, Olympic Sports Inc., Olympic Sporting Goods, Inc., Olympic Advertising, Inc., Olympic Express, Inc., Olympic Sales, Inc., Olympic Builders, Inc., Olympic Manufacturing, Inc., Olympic, Inc., Olympic Sportswear, Inc., Olympic Explorations, Inc., Olympic Trophy Co., Olympic Marketing, Inc., Olympic Properties, Inc., Olympic Transport, Inc., Olympic Printing, Inc., Olympic Image, Inc., Olympic Development, Inc., The Olympic Corporation, Olympic Investments, Inc., Olympic Toys, Inc., Olympic Jewelry, Inc., Olympic Car, Inc., Olympic Records, Inc., Olympic General, Olympic Gold Sportswear, Inc., Olympic Fitness Center, Inc., Olympic Health Spa, Inc., Olympic Flowers, Inc., and the list is much larger. Practically every kind of product or service offered to consumers in the United States may, and does use the word "Olympic."  

Ft *4 [F] or the purposes of trade,

a). Every business and corporation formed since 1950 who uses olympic as a part of the title of the business or corporation undoubtedly uses olympic for the purposes of identifying his/her goods or services and consequently the use of olympic is for the purposes of trade. 

b). All persons, natural or artificial, who use olympic as part of the name of their business since 1950 are in violation of this provision and are guilty until proven innocent.  The federal courts may be busy in each circuit with challenges to § 380.

c). Most  states  blatantly deny the language present in this provision. It is submitted the states have the right to exercise discretion regarding businesses originating within their own boundaries. 

 Ft *5 [T] o induce the sale of any goods or services,

See footnote 3, subparagraphs 1-3. 

Ft *6 [T] heatrical exhibition,

 The USOC is not in the theatrical business and has no right to exist in any field whatsoever other than amateur athletic competitions. The USOC is not in the music industry, or any other art or artistic related exhibition.  Senate Report S.2523

Ft *7 [C] ompetition,

This word should have been preceded by the words 'amateur athletic.'

Ft *8 [T] he symbol of the International Olympic Committee, consisting of 5 interlocked rings;

a). The I.O.C. should register its own symbol in the Patent & Trademark Office and not be dependent upon the U.S. Congress for protection. Is there a prohibition with regard to the I.O.C. registering its own mark(s) in the United States?

b). The United Kingdom and Japan, as well as the majority of the other free nations, do not allow this intrusion into the affairs of the sovereign. Let the I.O.C. protect itself, especially in light of the fact that much of the language of their "Olympic Charter" enacted by the french congress in Paris (1894) was used in the formulation of this section [380, previously § 379]. 

Ft *9 [T] he emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocked rings displayed on the chief;

a). A Federal registration exists for this seldom used mark described in subsection (a)(2) and it is reg. no. 980,734. This may remain an "emblem" of the USOC but there is little doubt the STARS IN MOTION currently owned and/or held by the Los Angeles Olympics Organizing Committee is the new symbol of the USOC for the coming years. The trademark registration for the STARS IN MOTION is number 1,276,147 and  service mark registration for the STARS IN MOTION is no. 1,199,926.

Ft *10 [A] nd trademark,

a). The USOC owns at least four Federal registrations. One being trademark registration number 968,566 [the word olympic (invalid)], another being no. 980,734, the mark described in the preceding paragraph and the STARS IN MOTION trademark and service mark registrations mentioned in the preceding paragraph.

b). These registrations must be listed in the amended Act, by picture, number, date, class of goods, limitations, etc..

c). The USOC claims an untold number of "common law" (™) trademarks. It is in the public interest to enumerate each and every one of them, by picture, if necessary.

Ft *11 [T] rade name, sign, word,

a). Every one of these names, signs, and words should be listed, else it is open season on any unsuspecting person who may be infringing on one of the dozens of common law symbols and words & phrases  the USOC "claims" to control.

b). The USOC claims  rights to symbols and phrases belonging to the general public. In the music industry you "Go for the Gold" record, aiming for the platinum record (representing 1,000,000 units [L.P.'s, tapes, CD's] sold).

Ft *12 [T] he words "Olympic",

a). In the year 1894 the French congress of Paris awarded the word olympic to the I.O.C.. Since that time the I.O.C. has endeavored to obtain legislation from the local sovereign for the 5 rings and the word(s)  olympic and olympiad. This endeavor of 93 years has had no effect in the United Kingdom, Australia, New Zealand, Japan, Korea, Spain, Portugal, Denmark, Italy, Columbia, and Brazil. The I.O.C.'s efforts have had an effect in Norway, Netherlands, Canada, and the United States.

b). The prohibition placed upon use of the word olympic or olympiad is a violation of the provisions of the first amendment of the federal constitution relating to a prior restraint upon the use of a spoken word. 

Ft *13 Olympiad,   Restatement of Ft. 12.

Ft *14 [T] ending to cause confusion,

a). Using the word olympic, according to the USOC, automatically causes a 'tendency to confuse.' [15 U.S.C. §§ 1051, 1125(a)]  Confusion as to the source or origin of the goods or services is the proper standard by which to determine whether or not confusion, in the minds of the public, exists or not. The clerk's record in case no. 85 6484 (CA9), previously submitted as petition on or about Nov. 15, 1985, discloses beyond doubt, that  goods and services bearing the word olympic originate from two thousand businesses formed since 1950. There can be no confusion as to the source or origin of goods bearing the word olympic. Goods and services come from Olympic businesses in the 50 states.

Ft *15 [F] falsely suggest a connection with the corporation or any olympic activity;

a). More language of 15 U.S.C. §§ 1051, 1125(a) is used here to apply the provisions of the Trademark Act.  What is necessary to violate this provision of the Act, according to the USOC, is to use the word olympic, and that being so, all persons using olympic since 1950 are guilty of violating this provision. 

Ft *16   [S]hall be subject to a suit in a civil action by the corporation for the remedies provided in the Trademark Act of 1946.       

a). This language declares that remedies are available to the USOC under the provisions of the Trademark Act of 1946.  I submit that the Act must conform with the provisions of 15 U.S.C. §§ 1051 et seq. if the Act is to prescribe the remedies. The Act does not conform to the existing Trademark Act, trademark case law, or common law trademark rights in the following ways:

i) 15 U.S.C. § 1051 declares: [Applications for registrations must] include a statement to the effect that the person making the verification believes . . . the corporation in whose behalf he makes the verification to be the owner of the mark sought to be registered, that the mark is in use in commerce, and that no other person, firm or corporation, to the best of his knowledge and belief, has the right to use such mark in commerce either in identical form thereof or in such near resemblance thereto, as to be likely to cause confusion, or to cause mistake or to deceive.

ii) 15 U.S.C. § 1058(a) provides: [T] he registration of any mark under the provisions of the [TM]  Act shall be cancelled by the Commissioner at the end of six years following its date . . ..  A section 8 affidavit showing that the mark is still in use is required to keep the registration in force for the full 20 years. This affidavit must conform to the same provisions as set forth in section 1051 with emphasis on underlined portions of preceding paragraph a). This section 8 affidavit was filed by the USOC about 1980.

iii) 15 U.S.C § 1064(c) declares: The abandonment provision is invoked by the simple fact that (i) TM registration number 968,566 [the word olympic] is in a plurality of classes and yet hundreds of exceptions exist in each of the classes of goods or services that the USOC claims exclusive rights in, before and since the date this registration was issued (1973), and before and since 1980 when the section 8 affidavit was filed.

iv) 15 U.S.C. § 1111 declares a notice provision either in the form of an "R" enclosed by a circle or the words Registered in the U.S. Patent Office may accompany any mark registered in the P.T.O..  There has been no use of either of these notice provisions in conjunction with TM registration numbers 968,566 or 980,734. I would add that the P.T.O., when refusing registrations because of use of olympic in my case, did not see fit to reveal the existence of these registrations to me at my initial trademark registration refusal in 1984. 

v) 15 U.S.C. § 1115(b)(1)(2)(7) regards incontestable rights except when one of the following defects is established: section 1115(b)(1) relates to fraud or mistake in the application or the incontestable right [section 8 affidavit] to use the mark; section (b)(2) relates to the mark being abandoned or invalid and; section (b)(7) relates to use of the mark or marks used to violate the antitrust laws of the United States.

vi) 15 U.S.C. § 1120 declares: Any person who shall procure registration in the P.T.O. by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages in consequence thereof.

vii) The most common of trademark rules is the no exclusivity, no trademark rule. I submit there can never be any exclusivity over use of the word olympic [by statute or trademark] alone as a trademark for any  goods or services by any person.

viii) Though the USOC's TM registration no. 968,566 is in a plurality of classes over which exclusive rights are said to exist, it is noted that the USOC has no claim to goods in classification 9, phonograph records and tapes. This registration is invalid and has been used for unfair competition.

Ft *17 A restatement of the grandfather clause. See footnote 2.

Ft *18 A  restatement of the grandfather clause. See footnote 2.

Ft *19  § 380 (b) Contributors and suppliers.

a).   I submit that the entire section 380 [(a)(b)(c)] could be encompassed in this section (b). If the symbols, trademarks (both Federal & common law), names, initials, words & phrases, and combinations thereof were clarified and enumerated most of the problems caused, or to be caused, by section 380 can be remedied.  The USOC at one time even sought to foreclose "derivatives" of the word olympic.

Ft *20 § 380 (c) Exclusive right of the corporation.

a). A restatement of previously described exclusive rights and privileges of the USOC and should be removed. 

This concludes the author's analysis of problem areas present in section 380 of the Amateur Act of 1978. The analysis may be helpful in determining that the attached introductory amendment is useful as a skeleton draft of what section 380 should declare rather than what it does declare. The attached amendment conforms to the Trademark Act of 1946 and the United States Constitution.       Author:   Leo O. LaBranche

Following:

First draft edition of sections 380 (a)(b)(c) of title 36 United States Code

Section 380 of the revised Amateur Sports Act 1978

                                          

Received by House and Senate

A device or method to keep the issue in the forefront of Judiciary committees

Listed as received in Congressional Record: Pet. 373, June 4, 1986

First draft edition of sections 380 (a)(b)(c) of title 36 United States Code

THE AMATEUR SPORTS ACT

[Proposed amended title, no year mentioned]

INTRODUCTORY AMENDMENT TO SECTION  380 OF

THE AMATEUR SPORTS ACT OF 1978

[36 U.S.C. §§ 371-396] P.L 95-606

OLD SECTION 380 (a) [Repealed or Replaced]

[New] Head:  § 380.   Exclusive Rights of the Corporation

[New] Subhead: (a) Olympic Symbols, trademarks, names, emblems, words & phases, and combinations thereof.

The U.S.O.C. (hereinafter the "Corporation") shall have exclusive right to use the following symbols, trademarks, names, initials, emblems, words and phrases, and combinations thereof subject to the limitations stated herein.

1). The five (5) interlocked rings, belonging to and representing exclusively the International Olympic Committee;

2). The Federal trademark registered in the Patent & Trademark Office known as the Stars in Motion, registration number 1,276,147 in classes [designate classes] and service mark known as the Starts In Motion, registration number 1,199,926 in classes [designate classes]. The notice provision of the Trademark Act of 1946, [15 U.S.C. § 1111] should or must be used to notify all persons of the existence of these federally registered trademarks; and

3). The name of the corporation, the United States Olympic Committee, or the designation or term, Olympic Committee, and the initials U.S.O.C.;

4). The emblem of the Corporation, Federal trademark registration number 980,734, in classes [designate classes], consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five (5) interlocking rings displayed on the chief;

5). the word Olympic ONLY WHEN accompanied by the word(s) i) Committee, ii) United States, iii) Official, and as they may connect to, iv) sponsor, v) contributor, vi) donor, vii) supporter, and other such words designating a connection to the olympic movement, the olympic games, the Corporation and the support thereof;

6). the letters U.S.A. when accompanied by the marks or symbols in preceding subparagraphs 1-2. [Common law trademark rights to use U.S.A. with five (5) interlocked rings and/or Starts in Motion].

7). The term "Olympic Games & Olympiad ONLY WHEN they are used to identify, and to connect to, the international amateur athletic competition, controlled or sanctioned by the I.O.C. held every four years.  [This paragraph and section does not include the word "Olympics."] see /1 footnote

8). Souvenirs, such as Sam the Eagle, and any other mascot, object, or device that the Corporation has used in the past, or plans to use in future, to license for the purpose of raising funds or other considerations. All devices and souvenirs must have attached one or more of the combined designations in the preceding subparagraph (a), including at least one or more of the Federal trademarks, not to exclude use of U.S. Copyright law.

9). Non-profit persons, groups, corporations, and associations are exempted from the provisions of this amended Act following the directive stated in Stop the Olympic Prison v. U.S.O.C  489 F Supp 1112 (SDNY), by the Honorable J.M. Cannella, U.S. District Judge, Southern District, New York.

10). Reserved

OLD SUBHEADING (b) related to contributors and suppliers and (b) is now incorporated in subparagraph (a). New subhead (b) follows.

Subhead: [§ 380] (b) Civil actions by the Corporation for infringement of its exclusive rights pursuant to the TM Act of 1946 [title 15 U.S.C. §§ 1051 et. seq.]

The Corporation shall have exclusive right to own, control, use, and license, the symbols, trademarks, names, emblems, words & phrases, and combinations thereof, subject to the stated limitations in subparagraph (a) in conjunction with, and for the express purpose of, raising funds or other considerations, for the United States olympic effort, and, any person, natural or artificial who, in the judgment of the Corporation, infringes upon any symbols, trademarks, emblems, names, initials, or combinations thereof in subparagraph (a) shall be subject to suit in a civil action by the Corporation for the remedies provided for and prescribed in the Trademark Act of July 5, 1946 (60 Stat. 427; known as the Trademark Act of 1946) title 15 U.SC. §§ 1051 et. seq..

Subhead (c) Repealed to conform. New Heading (a) derived from this heading (c).

Interpretive note and decisions, directive following 380 [Repealed]

Author's Comment

Title 15 U.S.C. §§ 1051 et. seq. can now be the controlling law for protection of the Corporations trademarks (Federal & common law), and symbols. The five (5) rings are protected by the doctrine of secondary meaning was well as by subparagraph (a)1, and TM Registration no. 980,734. Common law unfair competition and trademark infringement seem to be the avenue with regard to the other words, combinations, and terminologies. I submit that the language of the trademark act should not be restated in this Act.

Remarks regarding term(s) olympics and Olympic Games, footnote /1.

/1 The word Olympics, in some minds, can only designate one thing, that being the Olympic Games. I submit in this democracy there have been, and continue to be, olympics in many forms. Chili Olympics, Frog Jumping Olympics, Reading Olympics, Olympics of the Mind, Paralympics, Cooking Olympics, Song Olympics, and other olympics of many descriptions, PROVIDED that no person may use the term Olympics or the term Olympic Games, for any amateur sports competition which is destined to compete in international competition. Any accompanying Corporation designation, enumerated in subparagraph (a) [exclusive rights] may not be used without express written consent of the Corporation. No use of the five (5) interlocked rings, the Stars in Motion, the Federal TM registration no. 980,734, the initials U.S.A or U.S.O.C. may be used to designate or title any olympic competition, and no international amateur athletic olympics of any kind.

AFTERMATH of § 380 AMENDMENT

This introductory amendment does not diminish or dilute any of the USOC's rights. The present language of the un-amended §380 is overbroad, extremely confusing, and [in author's opinion] repugnant to the U. S. Constitution. As it is written § 380 will cause nothing but problems for the Congress, the United States, untold thousands of owners of olympic companies, directors, officers, agents, employees, their dependents, and the consuming general public. Since the author of this amendment seems to be the closest to, and most diligent opposer of, the present § 380 it is fitting for one so injured to offer the present solution. It undoubtedly needs the learned hand of several legislators and/or committees in order to be in a form that can be enacted.

This is submitted as the first edition [rough draft] of the 1986 introductory amendment to section 380 (a)(b)(c) of the Amateur Sports Act of 1978. It follows a Petition sent to and received by the Congress on or about November 15, 1985, noted as Pet. no. 0274.

  With the Highest Respect   ______________