Friday, March 20, 2009

Using "March Madness" or other NCAA Trademarks in Advertising

The annual NCAA College Basketball Tournament is upon us, and with it comes advertiser requests to use "March Madness" or other NCAA trademarks. The term “March Madness” is a federally registered trademark and any unauthorized use could result in legal action.

A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of the goods of one party from those of others. Trademark law provides legal remedies for unauthorized use of a trademark. The NCAA has actively pursued unauthorized trademark use and has sent cease and desist letters to advertisers for such use.

In addition to “March Madness,” the NCAA owns the trademark for “Elite Eight” and “Final Four,” and most colleges and universities own the trademarks to their team names and logos. Advertisers wanting to use the term “March Madness” or any other trademark must have prior authorization from the trademark holder or they (and the newspaper) could be subject to legal action.

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