In article <[log in to unmask]>, Russell Jaslow
<[log in to unmask]> says:
>
>Well, imagine if the NCAA was using a term that was trademarked by somebody
>else who is now going after the NCAA for monies owed them for its use.
>
>It has happened.  The term is "March Madness".  According to a sports show
>I saw last night on Prime, called "Prime Cuts", the term "March Madness"
>was first developed in 1939 by the Illinois High School Basketball State
>Championships.  They trademarked the term and use all money for the rights
>to use this term that it brings in to provide college scholarships for its
>high school students.
 
The tables may not be "turned" on the NCAA. If the NCAA can show in court
that the organizers of the Illinois high school tournament have failed to
protect the trademark, then the NCAA cannot be sued successfully. If
the Illinois organization has waited until now before filing suit and has
never sought to protect its rights to the phrase, then the NCAA will win.
That is the law.
 
There have been hundreds of trademarks or service marks that have fallen
prey to this clause in federal patent law. In fact, corporations actually
hire people to read through newspapers from around the country to spot
improper use of their trademarks. For example, if a newspaper were to
write that John Doe had a coke, Coca Cola will contact the paper and tell
it to make sure that it says Coke next time. If a newspaper writes that
a homeless man was found eating out of a dumpster downtown, the company
that manufactures Dumpsters will come calling because Dumpster is a
trademark.
 
The mere use of the words "Dumpster," "Coke," "NCAA," and "Final Four"
is not illegal unless you are using them to name your product. The
reason why companies demand that their trademarks be cited correctly
is if they allow trademarks to be used to identify similar products,
then the name falls into the public domain and can be used by anyone.
For example, nobody says "Let's play flying disk Saturday at the park."
What we do say is, "Let's play frisbee Saturday at the park."
 
Well, Frisbee is actually a trademark. Obviously the company that
manufactures Frisbees can't prevent people from using "Frisbee" to
refer to any type of flying disk. But it CAN make an effort to
protect its rights to the name by making sure the mass media capitalizes
the word and uses it in the right context. If the company doesn't, then
it has given up its rights to the name.
 
So, if "March Madness" has been around since 1939 and the term has
been used by the mass media and the NCAA for years, but the Illinois
organization that owns the trademark has never said anything until now,
the NCAA will have a strong defense and should prevail.
_____________________________________________________________________
Ryan Robbins               "Nothing in fine print is ever good news."
University of Maine                                  -- Andy Rooney
_____________________________________________________________________
[log in to unmask] ____________________________________________