Z-1396               _______________________________________________

                                                   SENATE BILL NO. 4903

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Williams, Hayner, Stratton, von Reichbauer and Kreidler; by request of 1989 Washington Centennial Commission

Read first time 1/23/86 and referred to Committee on Parks & Ecology.

AN ACT Relating to 1989 centennial logos; adding a new section to chapter 27.60 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature intends that the celebration of the centennial should be of high quality, and that the centennial may generate revenues to help support such programs and plans.  The legislature is concerned, as other states' legislatures and the congress have been, that large but transitory celebrations such as the bicentennial, Olympic games, or centennials, may present an opportunity for inappropriate commercial activity or outright theft of the valuable public property represented by the celebration and its associated symbols.  To this end, it is declared to be in the public interest to provide for the protection of officially adopted centennial symbols, marks, and graphic insignia, and to assist the commission with the prevention of unauthorized use of such symbols.

NEW SECTION. Sec. 2.  A new section is added to chapter 27.60 RCW to read as follows:

          (1) Except as authorized by the commission in writing, the manufacture, reproduction, or use of any logos, emblems, symbols, slogans, or marks originated under and adopted by authority of the commission in connection with the commemoration and celebration of the 1989 Washington state centennial, or any facsimile thereof, or any combination or simulation thereof tending to suggest official connection with the centennial or centennial activities, shall constitute unfair practice under chapter 19.86 RCW.  At the request of the commission, the attorney general shall bring such action as may be necessary under chapter 19.86 RCW, including but not limited to action to recover all profits from unauthorized use of centennial insignia and marks.

          (2) Except as authorized by the commission in writing, any person or entity who knowingly or wilfully manufactures, reproduces, or uses any logos, emblems, symbols, slogans or marks originated under and adopted by authority of the commission in connection with the commemoration and celebration of the 1989 Washington state centennial, or any facsimile thereof, or any combination or simulation thereof tending to suggest official connection with the centennial or centennial activities, shall be guilty of a gross misdemeanor.

          (3) Enforcement action under subsection (1) or (2) of this section is authorized only with respect to logos, emblems, symbols, slogans, or marks for which notice of adoption by the commission has been published in the Washington state register.

          (4) This act shall not be construed to prevent the commission from seeking such other remedies as it may be entitled to under applicable state or federal trademark or copyright registration laws with respect to any symbol or mark.