Basketball, Marketing, and Trademark Law

As the NCAA men’s basketball tournament tips off this week, it’s a good time to remember that phrases like March Madness, Final Four and The Big Dance are protected by federal trademark law - and unauthorized use could subject you to legal liability.

For example, a previous post discussed efforts by the NCAA to challenge the trademarked phrase “VASECTOMY MAYHEM”, claiming it was too similar to the NCAA’s registered trademark “MARCH MADNESS”. The federal Trademark Trial and Appeal Board agreed, and the mark’s trademark registration was cancelled.

Guidance from the NCAA is clear. The NCAA is discouraging - and will act to prohibit - advertising or marketing which uses the NCAA’s name, trademarks such as “FINAL FOUR” or “MARCH MADNESS”, or an championship bracket without prior authorization.

Our recommendation remains the same. As you are promoting your business this March, enjoy the games - but don’t imply that you have any connection with the tournament.