March Madness: Basketball, Brackets, and Branding
As March presses on, sports fans across the country are turning their attention to one of the most exciting events in college sports: the NCAA Men's Basketball Tournament, also known as March Madness. While fans enjoy watching the games and filling out their brackets, the NCAA and its partners are hard at work protecting the intellectual property associated with this iconic event.
The NCAA Men's Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. As such, the NCAA takes great care to protect its intellectual property rights associated with the tournament.
One of the key elements of the NCAA's intellectual property rights is the trademark for the phrase "March Madness." The NCAA registered this trademark in 1989, and it has been fiercely protected ever since. The trademark covers a wide range of goods and services, including clothing, souvenirs, and even computer games.
In addition to the trademark for "March Madness," the NCAA also owns trademarks for other tournament-related phrases and logos. For example, the phrase "Final Four" is a registered trademark of the NCAA, as are logos for the tournament and individual schools.
Fun fact? The term "Sweet Sixteen" is actually owned by the Kentucky High School Athletic Association (KHSAA), which then leases the trademark to the NCAA for use in its Men's Basketball Tournament. The KHSAA has owned the trademark for "Sweet Sixteen" since 1951, and it has been used to refer to the high school basketball tournament in Kentucky. However, in 1988 the KHSAA began leasing the trademark to the NCAA for its use in the Men's Basketball Tournament beginning in 1988. The lease agreement allows the NCAA to use the trademark "Sweet Sixteen" in its marketing, promotions, and other activities related to the tournament, but the KHSAA retains ownership of the trademark.
The NCAA takes a proactive approach to protecting its intellectual property, often sending cease-and-desist letters to those it believes are infringing on its rights. In some cases, the NCAA has even taken legal action to protect its trademarks. For example, in 2016, the NCAA filed a lawsuit against a company that was using the phrase "April Madness" to promote its own events. The NCAA argued that this use of the phrase was likely to cause confusion among consumers and dilute the value of its "March Madness" trademark. The case was eventually settled out of court, with the company agreeing to stop using the phrase "April Madness."
Another area of intellectual property that the NCAA is concerned with is copyright. The NCAA owns the copyright to many of the elements associated with the tournament, including the bracket itself. This means that anyone who wants to use the bracket for their own purposes must obtain permission from the NCAA.
There is a common IP pitfall that is unique to the NCAA Basketball — tournament brackets used in office pools where participants predict the winners of each game in advance of the tournament. The NCAA’s position is that the unauthorized placement of advertising within an NCAA bracket and corporate sponsorship of a tournament bracket is misleading and constitutes an infringement of its intellectual property rights. Accordingly, it says that any advertising should be outside of the bracket space and should clearly indicate that the advertiser or its goods or services are not sponsored by, approved by or otherwise associated with the NCAA or its championship tournament.
Having invested so much in its trademarks, the NCAA takes policing its intellectual property rights very seriously. From trademarks to copyrights, the NCAA is diligent in protecting its rights and the value of its brand. As March Madness continues to captivate sports fans across the country, it's important to remember the intricate legal and financial considerations that underlie this beloved event. Although the NCAA may call a “technical” and send a cease-and-desist letter, some claims may not be a slam-dunk, as there can be arguments made on both sides of these issues.
If you are deciding whether or not to pass on marketing or merchandise that incorporates an NCAA trademark or logo, or if you are not certain whether the NCAA (or someone else) owns a particular word or phrase, you should seek an assist. Please contact one of our experienced IP attorneys to help you make an informed decision.