Court Tosses Company's Bid To Slap Down Olympics Social Media Restrictions Over Jurisdictional Issues

from the get sued first, i guess? dept

By now everyone should know that the IOC and USOC have completely perverted the concept of trademark law surrounding any mentioning of the Olympic Games. It’s gotten so bad that the USOC has taken to threatening businesses that tweet out congratulatory messages to athletes, even when those businesses supported those athletes getting to the Olympics in the first place. The USOC seems to be under the impression that tweeting about the Olympics as a business is trademark infringement. It’s not. It never was.

Yet those social media guidelines put forward by the USOC still exist and, coupled with the USOC’s appetite for legal threats and lawsuits, that’s typically enough to keep companies from challenging it on the matter. But one carpet cleaning business in Minnesota actually sued the USOC over the social media policy and its violation of that and other companies’ free speech rights. Sadly that company, Zereorez, has had that suit tossed by the court on jurisdictional grounds, with the court essentially telling the company to come back after it’s been sued by the USOC.

Zerorez, based in St. Louis Park, filed suit shortly before the Summer Olympics hoping to clarify whether the USOC could prohibit it from cheering for Minnesota athletes on social media. The company said it wanted to tweet “Congrats to the 11 Minnesotans competing in 10 different sports at the Rio 2016 Olympics!” but could not for fear of a lawsuit by the USOC.

U.S. District Judge Wilhelmina Wright in Minneapolis dismissed the case April 4, ruling that, because the USOC never sued or even threatened to sue Zerorez, the court lacked subject-matter jurisdiction.

Considering this suit was seeking a declaratory judgment that text Zerorez wanted to tweet out, but was afraid to because of the USOC guidelines, was ok, this can be viewed from the outside as a punt by the court. The judge’s order goes to great lengths to outline what satisfies the jurisdictional requirements for a declaratory judgment. To anyone familiar with the USOC’s antics, Zerorez’s suit appears to satisfy them. Where the court disagrees is on the matter of whether or not an actual controversy exists in this case, with that controversy requiring that Zerorez first plan on engaging in what could be viewed as infringing behavior, which its tweet does in the context of the USOC’s guidelines, and secondly that Zerorez has reason to expect to be sued by the USOC. Zerorez’s filing pointed to other cases in intellectual property law in which declaratory judgment jurisdiction was accepted if the defendant had a prior history of filing or threatening to file infringement suits.

Here the court flatly declines to accept that standard, instead suggesting that Zerorez go ahead and get itself sued by the USOC if it wants to then protect its free speech rights.

If news reports of USOC’s letters to other companies warning that only official sponsors of Team USA are permitted to use USOC’s trademarks on their corporate social media channels create an actual controversy between USOC and Zerorez, a company with which USOC never communicated before this lawsuit, then any company that is not an official sponsor of Team USA could bring a declaratory-judgement action against USOC by asserting the same facts. Such a conclusion would eviscerate the actual-controversy requirement.

Here you see the catch-22 that small businesses face in light of the chilling effects of the USOC’s antics. The USOC gets to bully smaller entities less capable of defending themselves in court, but escapes the court when a company wants to get what is plainly free speech content declared legal and non-infringing. The choice left to companies via this ruling is: don’t exercise your free speech rights, or go get sued first and then try to defend yourselves.

Which is beyond unfortunate and trends into being downright sad. If the USOC’s guidelines bastardize trademark law, and they do, then that’s the reason why so many companies would want to seek declaratory judgment that their free speech is kosher. The problem is the USOC, not the fact that Zerorez hasn’t been sued yet.

Filed Under: , , , , , ,
Companies: usoc, zereorez

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Court Tosses Company's Bid To Slap Down Olympics Social Media Restrictions Over Jurisdictional Issues”

Subscribe: RSS Leave a comment
Jordan Chandlersays:


Any sponsor, participant, athlete, coach or parent involved in the Olympics is a direct part of the corruption, criminality, apathy and general socioeconomic destruction of the host city/country. Period. I don’t care if your little girl has been swimming since she was 6, her dreams are not more important than the millions of people affected by hosting the idiotic Olympics.

So, no, you shouldn’t congratulate them. The Olympics should be ignored.

That One Guysays:

"If you survive the first swing, come back and we'll take you seriously."

The only way I can see the ruling against declaratory judgement here as reasonable is if the judge completely ignores past actions by the USOC, and only looks at this particular company.

The USOC wasn’t going around telling individual companies that those individual companies can’t mention the Event-That-Shall-Not-Be-Named, they seemed pretty clear in saying that no-one other than them or those they give the go-ahead to could do so.

With a general threat of legal action in the air like that declaratory judgement makes perfect sense, getting ahead of possible legal action ahead of time so they can avoid being dragged through court when they get sued and have to fight it then.


Corrupt, Corrupter, Corruptest

I no longer watch the Olympics. I try to evade awareness of the Olympics beyond the level required to avoid broadcasts. Anyone involved with the Olympics in any capacity is complicit in the corruptest sporting syndicate of all time. Note that this includes U.S. athletes, both amateur and professional alike, whose primary motive seems to be the hope of lucrative endorsement contracts.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Older Stuff
13:40 It's Great That Winnie The Pooh Is In The Public Domain; But He Should Have Been Free In 1982 (Or Earlier) (35)
12:06 Norton 360 Now Comes With Crypto Mining Capabilities And Sketchy Removal Process (28)
10:45 Chinese Government Dragnet Now Folding In American Social Media Platforms To Silence Dissent (14)
10:40 Daily Deal: The 2022 Ultimate Cybersecurity Analyst Preparation Bundle (0)
09:29 A Fight Between Facebook And The British Medical Journal Highlights The Difficulty Of Moderating 'Medical Misinformation' (9)
06:29 Court Ruling Paves The Way For Better, More Reliable Wi-Fi (4)
20:12 Eighth Circuit (Again) Says There's Nothing Wrong With Detaining Innocent Minors At Gunpoint (15)
15:48 China's Regulatory War On Its Gaming Industry Racks Up 14k Casualties (10)
13:31 Chinese Government Fines Local Car Dealerships For Surveilling While Not Being The Government (5)
12:08 Eric Clapton Pretends To Regret The Decision To Sue Random German Woman Who Listed A Bootleg Of One Of His CDs On Ebay (29)
10:44 ICE Is So Toxic That The DHS's Investigative Wing Is Asking To Be Completely Separated From It (29)
10:39 Daily Deal: The 2022 Complete Raspberry Pi And Arduino Developer Bundle (0)
09:31 Google Blocked An Article About Police From The Intercept... Because The Title Included A Phrase That Was Also A Movie Title (24)
06:22 Wireless Carriers Balk At FAA Demand For 5G Deployment Delays Amid Shaky Safety Concerns (16)
19:53 Tenth Circuit Denies Qualified Immunity To Social Worker Who Fabricated A Mother's Confession Of Child Abuse (35)
15:39 Sci-Hub's Creator Thinks Academic Publishers, Not Her Site, Are The Real Threat To Science, And Says: 'Any Law Against Knowledge Is Fundamentally Unjust' (34)
13:32 Federal Court Tells Proud Boys Defendants That Raiding The Capitol Building Isn't Covered By The First Amendment (25)
12:14 US Courts Realizing They Have A Judge Alan Albright Sized Problem In Waco (17)
10:44 Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps (16)
10:39 Daily Deal: The Ultimate Microsoft Excel Training Bundle (0)
09:20 NY Senator Proposes Ridiculously Unconstitutional Social Media Law That Is The Mirror Opposite Of Equally Unconstitutional Laws In Florida & Texas (25)
06:12 Telecom Monopolies Are Exploiting Crappy U.S. Broadband Maps To Block Community Broadband Grant Requests (7)
12:00 Funniest/Most Insightful Comments Of 2021 At Techdirt (17)
10:00 Gaming Like It's 1926: Join The Fourth Annual Public Domain Game Jam (6)
09:00 New Year's Message: The Arc Of The Moral Universe Is A Twisty Path (33)
19:39 DHS, ICE Begin Body Camera Pilot Program With Surprisingly Good Policies In Place (7)
15:29 Remembering Techdirt Contributors Sherwin And Elliot (1)
13:32 DC Metro PD's Powerful Review Panel Keeps Giving Bad Cops Their Jobs Back (6)
12:11 Missouri Governor Still Expects Journalists To Be Prosecuted For Showing How His Admin Leaked Teacher Social Security Numbers (39)
10:48 Oversight Board Overturning Instagram Takedown Of Ayahuasca Post Demonstrates The Impossibility Of Content Moderation (10)
More arrow
This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it