San Francisco Arts & Athletics, Inc., v. United States Olympic Committee

483 U.S. 522 (1987)

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Nature of the Case

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Facts

D is a nonprofit California corporation. D originally sought to incorporate under the name 'Golden Gate Olympic Association,' but was told by the California Department of Corporations that the word 'Olympic' could not appear in a corporate title. After its incorporation D began to promote the 'Gay Olympic Games,' using those words on its letterheads and mailings and in local newspapers. To cover the cost of the planned Games, the SFAA sold T-shirts, buttons, bumper stickers, and other merchandise bearing the title 'Gay Olympic Games.' The Amateur Sports Act grants P the right to prohibit certain commercial and promotional uses of the word 'Olympic' and various Olympic symbols. P wrote D with a cease and desist letter. D agreed to substitute the word 'Athletic' for the word 'Olympic,' but, one month later, resumed use of the term. P brought suit to enjoin the use of the word 'Olympic.' The District Court granted a temporary restraining order and then a preliminary injunction. The Court of Appeals affirmed. After further proceedings, the District Court granted P summary judgment and a permanent injunction. The court of appeals affirmed. D appealed