1. Business & Finance

Discuss in my forum

Jean   Murray

It's March - Time for Trademark Infringement Madness

By , About.com GuideMarch 14, 2011

Follow me on:

Did you know that the term "March Madness" is trademarked and that 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, apps, and other advertising venues to find and prosecute violators.

They have to.  If they aren't diligent in stopping others from using their trademarks, they lose the rights to the trademark.

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 talk about the NCAA's annual college basketball tournaments, for example, without writing or saying "March Madness."  But I couldn'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

Keep up to date with the latest on business laws and taxes during tax season - subscribe to my twice-a-week newsletter.

Image: Getty Images

Comments
No comments yet. Leave a Comment
Leave a Comment

Line and paragraph breaks are automatic. Some HTML allowed: <a href="" title="">, <b>, <i>, <strike>

©2012 About.com. All rights reserved.

A part of The New York Times Company.