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765 ILCS 1036/62 (765 ILCS 1036/62) Sec. 62. Infringement of Olympic marks. Notwithstanding any other Section of this Act: (a) The United States Olympic Committee has the exclusive right to use, and license for use, in this State any of the following: (1) any mark to which the United States Olympic | | Committee has exclusive rights under 36 U.S.C. 220506;
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| (2) the designations "Chicago 2016", "CHICOG",
| | "Chicago Organizing Committee for the 2016 Olympic and Paralympic Games", "Chicago Olympic Committee" and "Chicago Paralympic Committee";
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| (3) the emblem of Chicago 2016, featuring a stylized
| | design of a 6-pointed star superimposed over vertical stripes, and any other official emblem adopted by Chicago 2016;
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| (4) the slogan "Stir the Soul" and any other official
| | slogan adopted by Chicago 2016;
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| (5) any official mascot or mascots adopted by Chicago
| | (6) the phrases "Chicago Olympic Games", "Chicago
| | Olympics", "Chicago Paralympic Games", and "Chicago Paralympics" and any other official phrase adopted by Chicago 2016.
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| (b) The United States Olympic Committee, Chicago 2016 as designee of the United States Olympic Committee, or both, may file a civil action in the Circuit Court of Cook County, or any other circuit court in the State of Illinois permitted by law, against any person for the remedies provided under Section 70 of this Act if the person, without the consent of the United States Olympic Committee or Chicago 2016, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition:
(1) any mark registered in Illinois to the United
| | States Olympic Committee or Chicago 2016;
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| (2) any mark referenced in subsection (a) of this
| | (3) any word, symbol, design, graphic, or image, or
| | combination thereof, tending to cause confusion or mistake, to deceive, or to falsely suggest a connection or association with, or authorization by, the International Olympic Committee, the International Paralympic Committee, the United States Olympic Committee, Chicago 2016, or any Olympic or Paralympic activity.
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| (c) If any provision of this Section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Section which can be given effect without the invalid provision, and to this end the provisions of this Section are severable.
(d) For the purposes of this Section, references to Chicago 2016 include the Illinois not-for-profit corporation of that name and its successor organizing committee for the 2016 Olympic and Paralympic Games.
(e) Nothing in this Section is intended to limit any rights or remedies provided under the Counterfeit Trademark Act.
(Source: P.A. 96-7, eff. 4-3-09.)
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