March Madness - You Can"t Use it to Sell Products or Services
Question: Can I Use "March Madness" to Sell My Products or Services?
Answer:
The term "March Madness" is trademarked and you can't use it in conjunction with a sports event or to sell something related to college basketball. Same thing with promoting your products or services related to events like the "Oscars" or "Emmys." The trademark lawyers for these organizations watch the Internet, mobile apps, and other advertising venues to find and prosecute violators.
Why Do Companies Pursue Trademark Infringements?
They have to. If they aren't diligent in stopping others from using their trademarks, they lose the rights to the trademark. Owners of trademarks must be vigilant to assure that the power of their trademark is not diluted or tarnished through outside uses. A good example is Harley Davidson motorcycles, which relentlessly pursues people who sell goods with Harley Davidson or "hog" knockoffs.
The LA Times says:
People or entities can't use the NCAA's marks to promote their products or services in a commercial way. That means no posters on doors of casinos inviting people to March Madness gamblepalooza, no Internet ads luring people to websites where they can buy unauthorized March Madness gear and no March Madness ads on websites trying to get people to bars or concerts or events that aren't NCAA sponsors.
News and editorial uses of the term "March Madness" or "Oscar" or others are exempt from the trademark restrictions. It would be a little difficult for sports reporters to report news from the NCAA's annual college basketball tournaments, for example, without writing or saying "March Madness." But I can't use a photo of the 2010 NCAA basketball tournament without permission.
If you're interested, Seattle Trademark Lawyer has a brief history of the trademarking of the term "March Madness."
How do you find out if a term is trademarked?
The best place to check is to do a search on the U.S. Patent and Trademark Office (USPTO) website. Of course, if you see the ® for a registered trademark or a ™ for a trademark in process of being registered, you know you must include the mark when you're referring to it, and that you must not use this trademarked phrase in a for-profit business. So, if you want to make money selling March Madness t-shirts or smart phone apps, think again.
More about Trademarks and Service Marks
Answer:
The term "March Madness" is trademarked and you can't use it in conjunction with a sports event or to sell something related to college basketball. Same thing with promoting your products or services related to events like the "Oscars" or "Emmys." The trademark lawyers for these organizations watch the Internet, mobile apps, and other advertising venues to find and prosecute violators.
Why Do Companies Pursue Trademark Infringements?
They have to. If they aren't diligent in stopping others from using their trademarks, they lose the rights to the trademark. Owners of trademarks must be vigilant to assure that the power of their trademark is not diluted or tarnished through outside uses. A good example is Harley Davidson motorcycles, which relentlessly pursues people who sell goods with Harley Davidson or "hog" knockoffs.
The LA Times says:
People or entities can't use the NCAA's marks to promote their products or services in a commercial way. That means no posters on doors of casinos inviting people to March Madness gamblepalooza, no Internet ads luring people to websites where they can buy unauthorized March Madness gear and no March Madness ads on websites trying to get people to bars or concerts or events that aren't NCAA sponsors.
News and editorial uses of the term "March Madness" or "Oscar" or others are exempt from the trademark restrictions. It would be a little difficult for sports reporters to report news from the NCAA's annual college basketball tournaments, for example, without writing or saying "March Madness." But I can't use a photo of the 2010 NCAA basketball tournament without permission.
If you're interested, Seattle Trademark Lawyer has a brief history of the trademarking of the term "March Madness."
How do you find out if a term is trademarked?
The best place to check is to do a search on the U.S. Patent and Trademark Office (USPTO) website. Of course, if you see the ® for a registered trademark or a ™ for a trademark in process of being registered, you know you must include the mark when you're referring to it, and that you must not use this trademarked phrase in a for-profit business. So, if you want to make money selling March Madness t-shirts or smart phone apps, think again.
More about Trademarks and Service Marks
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