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.