Mark Madness: How the NCAA Guards Its Trademark - McDermott Will & Emery

Mark Madness: How the NCAA Guards Its Trademark

Overview


Joanne Ludovici said that the NCAA’s aggressive efforts to control and defend its “March Madness” trademark for the annual college basketball championship means that, “If you want to play it safe, avoid using ‘March Madness’ altogether and refer to the event as something else.” Ms. Ludovici suggested to advertisers and others that “using ‘NCAA Tournament’ to refer to the actual tournament would generally be considered nominative fair use” of the event’s name.