July 30, 2008

Olympic Cellars Customers and Supporters,

Olympic Cellars Winery reached an agreement with the United States Olympic Committee (USOC) on June 17, 2008 regarding the commercial use of its business name and the framework under which Olympic Cellars could operate its business.

This agreement was reached nine months after receiving the USOC’s first letter dated September 11, 2007, citing Olympic Cellars for violation of the 1998 Ted Stevens Act. Final signed paperwork was received July 17, 2008.

It took nine months but I feel that the agreement meets both parties key objectives. The 9-month time frame is ironic considering I could have birthed a baby in that time period but in this case could have also lost my baby… a winery that is part of the heritage of the North Olympic Peninsula.

I want to personally thank the 100’s of winery customers and citizens that sent us emails and words of support. Your encouragement helped me stay the course and negotiate this settlement. With the upcoming 2008 Olympic Games there was added pressure to bring our negotiation to an end.

Public thanks must also go to the following individuals who worked on the winery’s behalf and/or took their personal time to provide counsel, legal advice and liaison support:

• Jacques M. Dulin, Esq. Innovation Law Group, Ltd, Sequim

• Trademark legal counsel from a major Washington corporation who chooses to remain nameless

• Karen Rogers, Port Angeles City Council and Congressional Liaison

• Jason Bauscher, author of the Best of the Olympic Peninsula. USOC also cited Jason in violation of the 1998 Ted Stevens Act

• The Honorable Senator Maria Cantwell and staff aide, Michael Daum

• Judith Morris, local legislative aide for Congressman Norm Dicks

• The Honorable Representative Norm Dicks and staff.
 
I appreciate the USOC’s understanding that my business was very important to me and to the employees who count on it for their livelihood. At the end of the day, I was the one who needed to know I had done my due diligence -- read the law, asked the questions and considered my options. I didn’t sign the first, second or even third drafts of the agreement. My detailed attention to every word in that agreement was critical to the final resolution.

While my settlement with the USOC cannot be made public, in summary I can still operate as Olympic Cellars, sell wine via the Internet, keep by website URL and sell to my wine club as long as my sales and marketing of “Olympic Cellars” branded wines beyond my local area are not deemed “substantial."

Bottom line:  I can’t significantly grow my wine brand that uses the winery name, Olympic Cellars. It will be forced to remain small even though the term OLYMPIC is our birthright & heritage, where we live, and part of our local culture. My Working Girl Wine® brand was removed from all restrictions.

Even though I understand the funding and sponsorship intent behind the legislation that gives the USOC total control of the commercial use of the word OLYMPIC, I believe Congress must amend the 1998 Ted Stevens Act to comprehend the dramatic changes in both electronic commerce (the Internet) and our flattened, global economy.

By forcing Olympic Peninsula businesses to be local in nature and restricting sales to the Olympic Peninsula, it unjustly limits our ability to grow, be competitive and survive. Sure, we could change our business names. It certainly would be easier, cheaper and less hassle. But that means shedding our heritage as well; basically giving in and giving up. And we just can’t do that.

It makes far more sense for the USOC to simply limit its investigation to activities and companies outside the Olympic Peninsula using the mark OLYMPIC, and sue those who would try to create an association with, or trade upon the goodwill of the USOC, the U.S. Olympic Team or the Olympic Games for commercial use.

Unfortunately, the bigger picture has been lost.

Contrary to what the USOC claims, there is no confusion as to whether the name ‘Olympic’ refers to one of our businesses, the Peninsula where we’re located or the Olympic Games themselves. When you hear the name ‘Olympic Cellars Winery’ is your first thought of a swimmer racing across the pool at the Olympic Games? I don’t think so.

About the only way one of our local businesses could ever escape the harassment of the USOC is to become a giant like AT&T, VISA, McDonalds, Nike, Bank of America or Anheuser-Busch and actually help sponsor the Olympics! And they’ll need to do that without the help of national recognition or basic use of the Internet. When someone pulls that off, I’ll be the first to raise a glass of Vino.


Kathy Charlton