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Tag Archives: NCAA

April Madness, the NCAA’s One Month Buffer?

Posted in Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations. Does “April Madness” fall within the NCAA’s scope of trademark rights for “March Madness“? Likelihood of confusion? Is “March Madness” a famous mark deserving protection from dilution? How… Continue Reading

The Big Ten and the NCAA Tip Off for MARCH Marks

Posted in Dilution, Famous Marks, Goodwill, Infringement, Trademark Bullying, Trademarks, TTAB

You don’t have to be a sports fan to be aware of MARCH MADNESS, the name associated with the annual tournament to determine the college basketball national champion. The tournament is organized by the National Collegiate Athletics Association. The name MARCH MADNESS is derived from the fact that the tournament occurs almost exclusively in March…. Continue Reading

March Isn’t Just for Madness, It’s For CRAFTNESS

Posted in Articles, Branding, Food, Marketing, USPTO

Here’s hoping your 2016 brackets did better than mine last week, but this has been quite a crazy and exciting tournament thus far.  As a Marquette fan, the Indiana–Notre Dame–Wisconsin area of the bracket has been quite disheartening.  And the buzzer beaters galore this tournament have left many faces looking somewhat like Indiana coach (and… Continue Reading

The Big Dance Around Trademark Madness

Posted in Advertising, Famous Marks, Guest Bloggers, Infringement, Marketing, Sight, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers… Continue Reading

March Madness For INNOVATION

Posted in Advertising, Branding, Food, Marketing, Trademark Bullying, Trademarks

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries between the state of Michigan and the state of North Carolina. Michigan v Duke, Michigan State v. North Carolina…there’s plenty of… Continue Reading

Aggie-ravating Trademark Issues with College Mascots

Posted in Infringement

Colleges serve an important role in American society, providing education, experience and leadership to each new generation. Also, sports. And did I mention SPORTS? Regardless of the reason (cable?), college sports have become a huge business over the last 25 years, with NCAA schools having a reported annual value of $8 billion (without including revenue… Continue Reading

The NCAA Takes a Few More Hits

Posted in Articles, Mixed Bag of Nuts

– Derek Allen, Attorney – Unless you’re inflicted with the most severe kind of equinophobia, you probably don’t get much satisfaction from seeing a dead horse get beat.  But since the horse that is the NCAA’s current player compensation system appears to still have some life in it, I have to admit I’m sort of enjoying the… Continue Reading

EA Sports Uses Tim Tebow

Posted in Infringement

– Derek Allen, Attorney – I’ve previously blogged about a pending lawsuit involving former college athletes (here and here) and whether they should get paid when universities and business partners use their likenesses.  Brent Lorentz, a Chambers USA-recognized rising star in the world of litigation, blogged about a similar suit on Monday.  The plot thickened last… Continue Reading

It’s Madness and We’re Dancing

Posted in Advertising, Trademarks

Spring is here! Although it certainly doesn’t look or feel like it up here in Minnesota.  And more importantly, March Madness is here!!!!  Hope you have enjoyed watching the games thus far. Like the SUPER BOWL and the OLYMPICS, MARCH MADNESS is just one of those phrases to maybe stay away from.  The NCAA owns… Continue Reading

I SHOULD HAVE DONE MORE: WILL LEADERS AND COMPANIES EVER LEARN FROM THEIR MISTAKES?

Posted in Guest Bloggers, Law Suits, Mixed Bag of Nuts

– James E. Lukaszewski, ABC, APR, Fellow PRSA Tuesday, February 26, 2013 was a bright, cold, sunny day as I prepared to depart State College, Pennsylvania, the home of Penn State football, after participating the evening before in a really interesting and wide-ranging panel discussion; an exploration of the problems this University is facing, and… Continue Reading

Tweaking March Madness

Posted in Almost Advice

– Derek Allen, Attorney – It’s the end of February, which by my calculations means its almost the beginning of March, which means OH YES FINALLY MARCH MADNESS ASDFNLEKLDFNDF!!!!!!!!!!!!!   (Apologies, I just get a little excited thinking about it.)  This is without a doubt my favorite sporting event of the year.  Once you include the… Continue Reading

EA Sports Gives Up Its Exclusive License to Make College Football Games

Posted in Mixed Bag of Nuts

– Derek Allen, Attorney – For many avid sports gamers, December 13, 2004 is a day that will live in infamy.  On that date, EA Sports, makers of the longstanding Madden franchise, inked a deal with the NFL that would allow EA, and only EA, to produce video games depicting real NFL teams and players.  At the time, many thought… Continue Reading

It’s the Most Wonderful Time Of The Year

Posted in Law Suits

For all you sports fans out there, March is pretty much the greatest month of the year.  The spring thaw is underway, spring training has kicked off in Florida and Arizona, the first PGA major of the year – the Masters – right on the horizon.  And, that’s right, March is the time for “March… Continue Reading

Ex-Husker QB Leads Offense Against EA Sports

Posted in Fair Use, First Amendment, Guest Bloggers, Law Suits, Marketing

—By Joey Lomicky, Communications Consultant, Xcel Energy As a Nebraska alum, former (okay, okay, current) sports gaming addict and First Amendment connoisseur, I’ve been intrigued by the high-profile class action lawsuit filed by ex-Cornhusker quarterback Sam Keller, which has recently resurfaced in the news. In fact, there’s a good chance this case may find its… Continue Reading

NCAA-holes

Posted in Fair Use, Law Suits

There has been a recent (over the last two years) rash of lawsuits by former NCAA athletes alleging a right to recover money arising from the exploitation of their likenesses in video games. Recently, the Ninth Circuit heard arguments in the case Keller v. Electronic Arts, Inc. (complaint here). For a summary of the case and arguments,… Continue Reading

Retiring the Fighting Sioux Nickname and Imagery

Posted in Branding, Goodwill, Law Suits, Marketing, SoapBox, Trademarks

–Dan Kelly, Attorney Last week, the North Dakota Supreme Court issued an opinion in a suit relating to the University of North Dakota’s use of the name FIGHTING SIOUX and related imagery.  This opinion was the latest installment in a long-running matter, the history of which I will not get into in detail–the opinion recites most of… Continue Reading

Questionable Sports Team Name Truncations?

Posted in Branding, Marketing, Squirrelly Thoughts, Television, Trademarks

         I suppose these questions and remarks may be perceived by some as rubbing salt in the wound, particularly fans of Vanderbilt University Men’s Basketball, and especially following Vandy’s buzzer-beater loss to Murray State in the opening round of NCAA tournament play. So sorry, but my boys are glued to the television, computer, CBS and ESPN during March Madness… Continue Reading

Surface Level Branding Runs Deep on This Athletic Field

Posted in Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks

To sports fans of this university, December has been a big month because their beloved team finished the 2009 regular football season undefeated (13-0) once again, winning yet another post-season BCS bowl game bid. Next month will be even bigger news if their WAC team happens to defeat TCU in the Tostitos Fiesta Bowl. To trademark types, however, the biggest news of… Continue Reading