By Bruce B. Siegal ,
As the frenzy of March Madness sweeps the nation, fans eagerly fill out brackets, retailers stock up on licensed merchandise, and the NCAA’s enforcement team stands ready to rigorously protect its trademarks, including “March Madness®,” “Final Four®,” and others. The NCAA’s vigilant defense of these marks underscores their significant value and the organization’s commitment to preserving their integrity.
Throughout the year, but particularly during college basketball’s championship season, the NCAA will send cease and desist letters to unaffiliated marketers using MARCH MADNESS or similar phrases. In addition, the NCAA will not hesitate to bring lawsuits against users of marks that it deems confusingly similar to their own. They will also be preparing to enforce at the upcoming Final Four events in San Antonio (Men’s) and Tampa (Women’s).
NCAA’s Trademark Vigilance
The NCAA holds federal registrations for several prominent trademarks:
March Madness®
The Big Dance®
Final Four®
Women’s Final Four®
Elite Eight®
The Road to the Final Four®
NCAA Sweet Sixteen®
NCAA Sweet 16®
These trademarks are integral to the NCAA’s brand identity and revenue streams. In 2024, the NCAA’s total revenue approached $1.4 billion, marking its best performance in at least two decades, with a significant portion derived from the men’s basketball tournament. Media partnerships with Turner and CBS contributed $873 million in fiscal 2024. Beyond broadcasting, licensing these trademarks to official partners, sponsors, and advertisers constitutes a substantial revenue source. To safeguard these interests, the NCAA actively polices unauthorized use of its marks. Failure to do so could diminish their value and deter official partnerships.
Instances of Trademark Enforcement
The NCAA’s enforcement actions extend beyond obvious infringements. Examples include:
Unauthorized Promotions: A retailer advertising “Buy A New Big Screen TV in Time to Watch March Madness” without NCAA authorization.Improper Sweepstakes: A promotion titled “The Final Four Giveaway” offering tournament game tickets as prizes, infringing on the “Final Four” trademark and violating ticket usage policies.Unlicensed Events: Hosting events or parties that use NCAA trademarks to attract attendees without proper licensing.
These actions highlight the NCAA’s commitment to protecting its intellectual property and maintaining the value of its brand.
Establishing “Clean Zones”
A critical component of the NCAA’s enforcement strategy is the establishment of “clean zones” in host cities during major events like the Final Four. In these designated areas, all vendor requests to sell goods or services must be reviewed and approved by the NCAA, and vendors must obtain a clean zone license permit from the city. For instance, during the Men’s Final Four in San Antonio from April 3 to April 7, a clean zone will be enforced to reduce unlicensed merchandise sales and control ambush marketing—activities by unauthorized vendors attempting to capitalize on the event’s popularity. Violations can result in penalties, including fines of up to $2,000.
A clean zone, as recommended by the NCAA, was first used in San Antonio for the Men’s Final Four tournament in 1998 and has since been deployed for other events, including bowl games and other high-profile events.
Combating Counterfeit Merchandise
To further protect its trademarks, the NCAA collaborates with law enforcement and private investigators to identify and act against sellers of unlicensed merchandise. These partnerships enhance the NCAA’s ability to monitor and enforce its rights, ensuring that only authorized vendors profit from the event’s popularity. Investigators, in the course of their business, typically have forged excellent relationships with law enforcement agencies, which facilitates vigilant enforcement.
Enforcement Strategies: Civil and Criminal
The NCAA employs both civil and criminal avenues to enforce its trademarks:
Civil Enforcement: Seeking “John Doe” court orders to serve lawsuits on individuals selling unlicensed merchandise, allowing for immediate seizure of infringing goods. Counsel can prepare and seek the court order, and law enforcement officers serve the lawsuit and seize the product.Criminal Enforcement: Utilizing state criminal counterfeiting statutes, with cooperation from law enforcement and prosecutors, to pursue criminal charges against infringers. This approach is cost-effective and serves as a strong deterrent.
Leveraging Media for Consumer Awareness
Media partnerships play a vital role in educating the public about the importance of purchasing licensed merchandise. Through television, radio, and print media, the NCAA raises awareness about the risks associated with counterfeit products, including inferior quality and potential legal consequences. Highlighting past enforcement actions and emphasizing the benefits of official merchandise help consumers make informed choices and support the integrity of collegiate athletics. Good media coverage will go a long way in helping to curb the sale of unlicensed merchandise.
Conclusion
As March Madness and the Final Four approach, it’s imperative for businesses and individuals to respect the NCAA’s trademarks. As a former in-house counsel who organized and oversaw NCAA enforcement for the Final Four for several years, I’ve seen firsthand the importance of implementing a robust enforcement strategy that not only protects valuable brand equity but also ensures a fair and exciting experience for all stakeholders involved.
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