Q: What are the rules when using collegiate team names, logos, and NCAA trademarks like “March Madness” and “Final Four” in advertising?
A: Advertisers cannot use team, individual or National Collegiate Athletic Association trademarked terms, phrases, or logos without permission.
The NCAA has registered several terms, phrases and logos with the United States Patent and Trademark Office. You can review a list of NCAA trademarks here, and “March Madness” and “Final Four” are among them. As federally registered trademarks, advertisers cannot use registered terms, phrases, or logos without permission from the NCAA. Using a trademark without permission from the trademark owner exposes the advertiser and the publisher to claims of trademark infringement, and the NCAA aggressively defends its trademarks.
The NCAA has created a program for advertisers seeking to use NCAA trademarks. News organizations working with advertisers that want to use NCAA trademarks should refer advertisers to the NCAA Trademark Protection Program.
Similarly, individual collegiate teams and even individual players can register trademarks that prohibit unauthorized use in a commercial setting. For example, Penn State and Pitt have registered several trademarks and both have implemented policies controlling their use for commercial purposes like advertising, marketing and promotion. Individual athletes can also register their name, nickname, slogans, or logos, and many have done so. Like other trademarks, unauthorized use in commercial settings exposes the advertiser and the publisher to risk of trademark infringement liability.
Pre-publication review of advertising, marketing and promotional content is an important aspect of minimizing risk associated with trademark infringement. It is also important to note that the limitations described above apply to commercial use like advertising, they do not generally apply to news coverage.
As always, this is not intended to be, nor should it be construed as, legal advice. Please contact your news organization’s private attorney or call PNA’s Legal Hotline at (717) 703-3080 with questions.