San Francisco Athletics v. US Olympics

• The Amateur Sports Act of 1978 chartered the U.S. Olympic Committee ("Olympics") as a private corporation
• The aforesaid Act gave the Committee the exclusive right to use the word "Olympic" & authority to use others who mis-used the word
• In 1981, the San Francisco Arts & Athletics, Inc. (San Francisco Athletics; "Athletics") advertised the "Gay Olympic Games"
• Athletics sold merchandise bearing the name "Gay Olympic Games" for the event
• Olympics asked Athletics to stop using the name "Olympic"

• Olympics sued Athletics to prohibit (enjoin) Athletics from using the word "Olympic"
• Olympics won in the U.S. district court
• Olympics won, again, in the 9th Circuit appeal process

1. Does a private organization become a government actor by obtaining a trademark or corporate charter from the government?
2. Does the 1st Amendment prohibit Congress from granting trademark protection without evidence that un-authorized use would cause confusion?

Athletics argued that the United States Olympics Committee was a government actor.

Athletics argued that Olympics violated the 5th Amendment's Equal Protection Clause (EPC) by enforcing the trademark "Olympic" against San Francisco Athletics.

Athletics argued that the Amateur Sports Act violates its free-speech rights.

1. No; a private organization doesn't become a government actor by obtaining a trademark or corporate charter from the government.
2. No; the 1st Amendment doesn't prohibit Congress from granting a trademark even if un-authorized use wouldn't likely cause confusion

Affirmed

Lewis Powell: The EPC of the 5th Amendment prohibition against discrimination only applies to the federal government, not private entities.

Lewis Powell: Government restrictions on commercial speech are permissible if not broader than necessary to achieve a substantial government objective.

SCOTUS decided to regard the U.S. Olympics Committee as a private entities even though in many countries [like the Soviet Union], the Olympics Committee is a government organization. In fact, most countries in the world have a ministry of sports.

Dissent by William Brennan: The committee is a government actor because it does more than organize amateur sports. Representing the United States in international competitions is an exclusive government function.