Court tosses Minnesota company’s free speech suit against U.S. … – Duluth News Tribune

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.

"The USOC won this battle, but the war over free speech is not over," said the company's attorney, Aaron Hall of the JUX Law Firm in Minneapolis, in a statement following the ruling. "We believe our Constitutional freedom of speech gives patriotic small businesses the right to express their Olympic spirit on social media."

Federal law gives the USOC authority to license and control trademark terms beyond that granted to other organizations such as the NFL or Major League Baseball. The U.S. Olympic Committee is not government-funded, so it uses licensing deals to fund Team USA.

The USOC's trademark guidelines prohibit any business that isn't an official sponsor of the U.S. team from even mentioning the Summer Olympics or the team on their social media platforms. The guidelines don't apply to individuals or news outlets.

The Zerorez suit said the USOC's written guidelines, threats against other businesses and comments in news reports leading up to the Olympics amounted to an infringement of free-speech rights, even if the USOC never actually sued the company.

"We just felt bullied," Zerorez owner Michael Kaplan said last year when he launched the suit against the USOC.

Zerorez hasn't decided whether to appeal Wright's decision, Hall said.

"We hope the U.S. Olympic Committee will stop threatening the free speech rights of patriotic small businesses," Hall said. "To avoid future legal action, the U.S. Olympic Committee should acknowledge small businesses can reference Olympic events on social media without violating the law, and stop bullying patriotic businesses who express their Olympic spirit online."

The USOC did not immediately respond to a request for comment Wednesday evening.

The Pioneer Press is a Forum News Service media partner.

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Court tosses Minnesota company's free speech suit against U.S. ... - Duluth News Tribune