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	<title>Comments on: March Madness: The Do’s and Don’ts</title>
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	<link>http://thefinancialbrand.com/10951/march-madness-trademark-issues-for-banks-credit-unions/</link>
	<description>Ideas and insights for financial marketers.</description>
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		<title>By: Editor</title>
		<link>http://thefinancialbrand.com/10951/march-madness-trademark-issues-for-banks-credit-unions/#comment-57734</link>
		<dc:creator>Editor</dc:creator>
		<pubDate>Sun, 24 Mar 2013 17:58:53 +0000</pubDate>
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		<description><![CDATA[Rich,

Let me preface my reply with this disclaimer: I am not a lawyer, nor is anything I say to be construed as legal advice, and if you need legal advice you should talk to an attorney.

There. Got that out of the way.

Patent, trademark and copyright laws are there to protect intellectual property with commercial value. Simply put, others should not be able to benefit from the work of others (for free). The NCAA believes it has invested significant time, energy and money into building its basketball tournament brand. That includes the stored brand value of phrases like &quot;Final 4,&quot; &quot;Sweet 16&quot; and &quot;March Madness.&quot; Most legal experts would probably agree. So the question before the court in your case would be, &quot;Are you trying to exploit or capitalize on the goodwill and brand value built up by the NCAA?&quot; I could easily argue that yes, you are. The other question is, &quot;Could consumers conceivably be confused by your use of March [X] Madness?&quot; In other words, might a consumer think that the NCAA has in some way endorsed, sponsored or partnered with your Chamber of Commerce. Again, I could easily argue that yes, this is the case.

If you haven&#039;t been &quot;caught&quot; yet, you may get through this season. But I wouldn&#039;t do it again.]]></description>
		<content:encoded><![CDATA[<p>Rich,</p>
<p>Let me preface my reply with this disclaimer: I am not a lawyer, nor is anything I say to be construed as legal advice, and if you need legal advice you should talk to an attorney.</p>
<p>There. Got that out of the way.</p>
<p>Patent, trademark and copyright laws are there to protect intellectual property with commercial value. Simply put, others should not be able to benefit from the work of others (for free). The NCAA believes it has invested significant time, energy and money into building its basketball tournament brand. That includes the stored brand value of phrases like &#8220;Final 4,&#8221; &#8220;Sweet 16&#8243; and &#8220;March Madness.&#8221; Most legal experts would probably agree. So the question before the court in your case would be, &#8220;Are you trying to exploit or capitalize on the goodwill and brand value built up by the NCAA?&#8221; I could easily argue that yes, you are. The other question is, &#8220;Could consumers conceivably be confused by your use of March [X] Madness?&#8221; In other words, might a consumer think that the NCAA has in some way endorsed, sponsored or partnered with your Chamber of Commerce. Again, I could easily argue that yes, this is the case.</p>
<p>If you haven&#8217;t been &#8220;caught&#8221; yet, you may get through this season. But I wouldn&#8217;t do it again.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Rich Bysina</title>
		<link>http://thefinancialbrand.com/10951/march-madness-trademark-issues-for-banks-credit-unions/#comment-57731</link>
		<dc:creator>Rich Bysina</dc:creator>
		<pubDate>Sun, 24 Mar 2013 17:22:37 +0000</pubDate>
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		<description><![CDATA[Q: What about a phrase like &quot;March Merchant Madness&quot; to attract people to make purchases at businesses who are members of a local Chamber of Commerce?]]></description>
		<content:encoded><![CDATA[<p>Q: What about a phrase like &#8220;March Merchant Madness&#8221; to attract people to make purchases at businesses who are members of a local Chamber of Commerce?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Al</title>
		<link>http://thefinancialbrand.com/10951/march-madness-trademark-issues-for-banks-credit-unions/#comment-35292</link>
		<dc:creator>Al</dc:creator>
		<pubDate>Thu, 09 Feb 2012 21:01:55 +0000</pubDate>
		<guid isPermaLink="false">http://thefinancialbrand.com/?p=10951#comment-35292</guid>
		<description><![CDATA[Thanks for the article, it really saved my behind. I was about to register a domain with the term &quot;March Madness&quot; in it.

Thanks.]]></description>
		<content:encoded><![CDATA[<p>Thanks for the article, it really saved my behind. I was about to register a domain with the term &#8220;March Madness&#8221; in it.</p>
<p>Thanks.</p>
]]></content:encoded>
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	<item>
		<title>By: Six of the Best: Madness in March edition &#124; OntoreBangladesh</title>
		<link>http://thefinancialbrand.com/10951/march-madness-trademark-issues-for-banks-credit-unions/#comment-5578</link>
		<dc:creator>Six of the Best: Madness in March edition &#124; OntoreBangladesh</dc:creator>
		<pubDate>Mon, 29 Mar 2010 14:55:39 +0000</pubDate>
		<guid isPermaLink="false">http://thefinancialbrand.com/?p=10951#comment-5578</guid>
		<description><![CDATA[[...] March Madness: The do’s and don’ts: The FinancialBrand.comAs the championship has become bigger and bigger, more and more companies [...]]]></description>
		<content:encoded><![CDATA[<p>[...] March Madness: The do’s and don’ts: The FinancialBrand.comAs the championship has become bigger and bigger, more and more companies [...]</p>
]]></content:encoded>
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