NCAA Trademark Issues Create Hurdles For Tulsa-Area Businesses

With March Madness taking place over the weekend in Tulsa, Okla., area businesses are having to get creative with their marketing slogans and phrases. It is typical for local restaurants, hotels and entertainment venues to offer special offers and promotions for major sporting events, especially when there will be a substantial number of out-of-town visitors.

The NCAA Tournament began in Tulsa on Thursday, with St. Patrick's Day ushering in a lucky streak for many area businesses. However, NCAA watchdogs were on the lookout in downtown Tulsa for any banners, slogans or marketing materials that may have violated the NCAA's trademark. The NCAA has specified that it is a violation of its trademark to use the phrase "March Madness" in any kind of marketing material. This includes the use of pamphlets, brochures, menus, banners, and t-shirts that are being sold during the four-day event.

Some local restaurant owners have found a way around the trademark infringement by using similar phrases. Instead of March Madness, some businesses are using terms like Downtown Basketball Bash, March Mayhem and Mad March. The use of the term Final Four is also restricted by NCAA trademarks. Instead of using this term, some businesses are substituting creative phrases such as "68 Teams, One Dream" and "Then There Were Four."

Gail Dent of the NCAA has told local reporters that the efforts to protect the organization's brand allow money to go back to the student athletes and the schools instead of area businesses. Many local business owners were frustrated at first because of the fact that sports fans easily recognize terms like March Madness and Final Four. The last-minute enforcement has posed quite an inconvenience for many business owners, but most restaurant owners in the downtown area say that they understand the need for protecting the organization's trademarks.

Watchdogs reportedly scoured the local area in preparation for the weekend tournament searching for trademark infringements. However, the organization stated that it worked with business owners to correct any possible misuse of the organization's phrases. The NCAA stated that most businesses were willing to comply, but in the rare case that a business owner was reluctant, the organization was prepared to send cease and desist letters.

The annual NCAA Tournament is a multimillion dollar business, so it comes as no surprise as to why the college sports organization would want to take extra efforts to protect its name. The News on Six reported on Thursday that the television contract alone for the event was worth an estimated $11 billion.

Dan Bewley, "Tulsa Businesses Get Creative to Avoid NCAA Copyright Infringement, " News on Six. http://www.newson6.com/Global/story.asp?S=14273667