The "March Madness" copyright

[QuikSand]

Okay, I get it -- I understand that if you're the first to implement a clever title, you can copyright it and have exclusive rights to it. I understnd how it works, and I'm not intending to debate whether those laws are appropriate here.

in this case, it's CBS, and their title for the men's college basketball tournament, March Madness. As is completely obvious, CBS owns a copyright on this term, and keeps most everyone from using it, even in things that are clear references to the tournament. So, we end up with advertisements talking about the "March Mayhem" TV sale at Best Buy, and the like.

(Forgive me if CBS is not the actual copyright holder here - I assume they are, but know nothing directly of the matter)


I wonder, though -- even if they are within their rights to do so, is CBS really doing themselves a disservice with this? Is there any harm that would come to their event by other people doing things like contests and promotions that are directly tied in with the stuff that you can only watch on CBS? Is there any downside to the event or the nickname from its use in other areas?


Just curious... I have similar thoughts every time I hear some contest giving away Superbowl tickets, but somehow being required to all it "the big game." What gives? Why wouldn't the NFL want everyone talking about the Superbowl instead of making backhanded references to their game? Same conundrum in my mind.


Anyone?

[DeToxRox]

I'd assume at some point it'd be in the same position as Aspirin, so widely associated it becomes "everyones" so to speak. Maybe I'm off base on this though but it seems like everyone uses it.

[Samdari]

(Forgive me if CBS is not the actual copyright holder here - I assume they are, but know nothing directly of the matter)

I always thought it was the NCAA who held the copyright. I know they own Final Four.

[Buzzbee]

Perhaps overuse would devalue the term?

Also, how many things can you really tie in to the NCAA tournament? March Madness air travel, sure. March Madness sporting goods sales, sure. Even March Madness TV sales fit since it is a prime target for TV viewing. However, I think a March Madness linen sale kinda loses the effect.

[albionmoonlight]

There is a doctrine in copyright/trademark law that if you do not enforce your rights, you eventually lose them. So, while the NFL or the NCAA may not mind reputable companies running reputable promotions--which are, as you indicate, free advertising, they would mind losing their right to the trademark/copyright which would allow people to make merchandise without paying them licensing fees.

[JonInMiddleGA]

FWIW, it appears that "March Madness" belongs to the "March Madness Athletic Association", a "a holding company that was formed in 2000 by the National Collegiate Basketball Association (“NCAA”) and the Illinois High School Association (“IHSA”) in order to pool all of their respective trademark rights in “March Madness®” and thereby facilitate licensing those rights in exchange for royalties from licensees. In return for pooling their respective trademark rights, the NCAA and IHSA each received an exclusive, perpetual license from MMAA to use the term “March Madness®” to refer to and market their respective annual March basketball tournaments."
http://www.fwlaw.com/marchmadness.html

[Draft Dodger]

Perhaps overuse would devalue the term?


also misuse. I'm not feeling particularly creative here, but what if one of these companies dreams up a March Madness / Superbowl promotion that is potentially damaging to the image the owners of the copyrights are working towards. Or heck, for that matter, what if the company itself would be controversial aligning itself with the event (Trojan running a March Madness ad?)

[QuikSand]

Thanks, Jon - should have known.

[kcchief19]

Quik -- you headed me off at the pass with the Super Bowl, because that jumped immediately into my head. It just sounds so silly when commecials say you need to get a new TV for the "big game." We can also add Pat Riley and his ownership of the "word" "threepeat" or "3peat."

I also do a lot of work with real estate, and I'm occassionally headached with the term "Realtor." Realtors can be a real pain in the ass on that one.
There is a doctrine in copyright/trademark law that if you do not enforce your rights, you eventually lose them. So, while the NFL or the NCAA may not mind reputable companies running reputable promotions--which are, as you indicate, free advertising, they would mind losing their right to the trademark/copyright which would allow people to make merchandise without paying them licensing fees.I do understand that, and I'm aware of the issues involved. My workplace owns a trademark and we protect it visciously in our market, sending cease and desist letters to anybody who gets close to it.

But isn't there a line (or shouldn't there be a line) that you can allow people to cross without losing your rights? In regard to the Super Bowl, for example, we can use that term talking about the game fine, it's just once we make money off the use of the word when we get into trouble (news media notwithstanding). If I'm selling TVs, I think a reasonable person would realize that if I say buy a TV before the Super Bowl, I'm making money off the TV, not really the game. It's not like I'm making a t-shirt with the word Super Bowl on it where the connection is more direct.

The enforcement as it is seems so arbitrary that it makes you wonder just the value of enforcement vs. more liberal applications. I suppose it's a flaw i our intellectual property laws and not necessaraily uptight, greedy organizations that want to milk every dollar they can out of a name.

[kcchief19]

also misuse. I'm not feeling particularly creative here, but what if one of these companies dreams up a March Madness / Superbowl promotion that is potentially damaging to the image the owners of the copyrights are working towards. Or heck, for that matter, what if the company itself would be controversial aligning itself with the event (Trojan running a March Madness ad?)I suppose it's the arbitrary use that either bothers me or I don't understand. For example I attend a national convention periodically where there is an even attended by thousands of sales people called the "Super Bowl Sales Rally." It doesn't have anything to do with the Super Bowl -- maybe that's the catch -- but the NFL doesn't look cross-eyed at it. And I would think that as long as they have been doing and given how many people attend this event that it would have come to their attention at some point.

[albionmoonlight]

kcchief--

I agree. I think that the system is somewhat flawed. There is some point to it. Why should the courts and the government be involved in protecting your mark when you do nothing to protect it yourself. If you let the mark sit out there and get diluted, then isn't the government just kind of spinning its wheels trying to help you out when you decide to get serious.

Also, property law in general likes "reasonable expectations." It wants to encourage economic activity. If I start printing up March Madness shirts, and the MMAA knows about it and lets me do it, then I may invest more and more resources into my business on the reasonable expectation that everyone is cool with it. It would be an economic waste if the law let them shut me down once I was a million dollar corporation.

That said, this is certainly a lawyer friendly field of law. Your lawyer always advises you to hire him to write letters because if you don't, then you lose your mark. Nice job security there for the lawyers.

[JonInMiddleGA]

And I would think that as long as they have been doing and given how many people attend this event that it would have come to their attention at some point.

Having had the (mis)fortune to deal with the NFL over the use of the terms "SuperBowl" and "NFL", my guess would weigh heavily toward them having no idea the event exists.

Or, more accurately perhaps, nobody who is tasked with dealing with the issue knows the event exists. Further, my experience was that the amount/lack of leeway and/or cooperation you get depends upon which individual ends up addressing your particular situation.