The First Rule Of NCAA March Madness Is You Can't Mention NCAA March Madness

from the where's-that-happening?-shhhhhh! dept

Tue, Mar 23rd 2010 2:24pm — Mike Masnick

What is it with sports leagues that think they have the right to deny anyone from making factual statements? We've seen it (repeatedly) with the Olympics and we've seen it with the World Cup... and now we're seeing it with the NCAA men's basketball tournament, better known as March Madness. This week, of course, some of the games will be played in Syracuse (including, I feel the urgent need to mention, the surprise of the tournament, my alma mater Cornell), and jsl4980 was the first of a few of you to send in the news that local businesses are being told they cannot mention the fact that the tournament is being held there. No local businesses are allowed to "welcome" fans or players for the event. They can't mention the NCAA event is happening, or that we're at the "Sweet Sixteen" level.

Of course, that's all according to the NCAA, which is basically lying. They're abusing the rights that trademark law gives them to try to restrict free speech on factual information, in a misguided effort to squeeze more money out of sponsors, by pretending that only sponsors can mention the event. But trademark law does not give you blanket control over the trademarked terms -- and presenting factual information, or welcoming people to a city by mentioning an event that is absolutely happening there should not be considered trademark infringement in the slightest.

Apparently, in the past the NCAA wasn't as abusive of trademarks, but it's learned a thing or two by watching how other sporting events abuse trademark law, and now everyone seems to be bending over backwards assuming that just because the NCAA forbids something that they have the legal right to do so.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: basketball, march madness, ncaa, syracuse, trademark
Companies: ncaa

25 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

rw (profile), 23 Mar 2010 @ 1:30pm

Keep it up!
If everyone stops mentioning these events, no one will know when or where they are happening. Eventually, it will be so secret the sporting events won't have any fans, or at least none that can find the venue.
[ link to this | view in chronology ]
Dark Helmet (profile), 23 Mar 2010 @ 2:26pm

PSSST!
"(including, I feel the urgent need to mention, the surprise of the tournament, my alma mater Cornell)"

Ahem, Northern Iowa would like a word with you please....
[ link to this | view in chronology ]
- ChurchHatesTucker (profile), 23 Mar 2010 @ 2:52pm
  
  Re: PSSST!
  That's the surprise.
  [ link to this | view in chronology ]
- Mike Masnick (profile), 23 Mar 2010 @ 3:24pm
  
  Re: PSSST!
  Ahem, Northern Iowa would like a word with you please....
  
  Bring it. They were a 9 seed. Cornell is a 12 seed. :)
  
  But, yes, a fair number of underdog upsets.
  [ link to this | view in chronology ]
NAMELESS.ONE, 23 Mar 2010 @ 2:44pm

SHHHHH be quiet
i want to hear the CEO's head drop
[ link to this | view in chronology ]
ECA (profile), 23 Mar 2010 @ 2:46pm

PUBLIC vs PRIVATE
OK,
who sold out the rights of a Public event, to become a Private event?

Isnt the Game in a PUBLIC facility? PAID for by Tax dollars?
I dont think they BOUGHT out the facility. DID they?
Did they buy out EVERY AVAILABLE room and BED in the area?? Then sell access to them at 10times the PRICE??
[ link to this | view in chronology ]
- Anonymous Coward, 23 Mar 2010 @ 3:37pm
  
  Re: PUBLIC vs PRIVATE
  The Carrier Dome is owned by Syracuse University, which is private.
  [ link to this | view in chronology ]
  - ECA (profile), 24 Mar 2010 @ 3:06pm
    
    Re: Re: PUBLIC vs PRIVATE
    "The State of New York provided a $15 million grant in 1978 for the Dome's construction."
    
    PUBLIC FUNDS, PUBLIC PLACE..
    [ link to this | view in chronology ]
weneedhelp (profile), 23 Mar 2010 @ 2:57pm

Dis is my basset ball, there are many other like it, but this one is mine.

I gotta a basket ball jones... ohh ohh ohh.
[ link to this | view in chronology ]
Pixelation, 23 Mar 2010 @ 3:08pm

NCAA who?
[ link to this | view in chronology ]
Anonymous Coward, 23 Mar 2010 @ 3:23pm

"Welcome to Springtime Insanity!"

or how about...

"Welcome to Warch Wadness!"

See NCAA, it's totally different. Can't sue me now!
[ link to this | view in chronology ]
- Anonymous Coward, 24 Mar 2010 @ 6:08am
  
  Re:
  Warch Wadness-- vull vookies.
  
  The NCAA appropriated existing terms for the name and the signature round of this tourney- March Madness, Sweet Sixteen both predate the tourney. The shouldn't have to tight a hold on these except when used for Basketball. The next thing you know is that they will go after any alliteration at all.
  [ link to this | view in chronology ]
NCAA March Madness, 23 Mar 2010 @ 3:54pm

NCAA March Madness
Ok, I will try my best to not mention NCAA March Madness. Afterall mentioning NCAA March Madness might get me in trouble, so I won't mention NCAA March Madness at all in case the people at NCAA March Madness get upset at me for saying NCAA March Madness.
[ link to this | view in chronology ]
Anonymous Coward, 23 Mar 2010 @ 5:12pm

Baseball, too
NCAA started doing this with the College World Series at least as long ago as last year. Omaha businesses are "not allowed" to post signs that include "NCAA" "College World Series" or "CWS." The NCAA has magnanimously allowed them to use such generic terms as "Welcome, Baseball Fans."
[ link to this | view in chronology ]
Kevin Bondelli (profile), 23 Mar 2010 @ 5:18pm

So Much for Publicity
In a world where publicity and word of mouth advertising dominate, it seems baffling to ban people from giving your "product" free publicity.

The worst was the Olympics. It is an event that is supposed to evoke an image of being shared by the world, when in fact it's own by a couple of media companies.
[ link to this | view in chronology ]
DanVan (profile), 23 Mar 2010 @ 6:15pm

What an absolute joke

I really wish more people would take these people to Court and stand up for their rights

To think that a business can't put the words "March Madness" is ridiculous in every sense of the word
[ link to this | view in chronology ]
eca (profile), 23 Mar 2010 @ 7:40pm

ok, THEY CANT DO ANYTHING.
1. ITS College basket ball..
2. these are players that DID NOT sign contracts(if they were smart) with the NCAA to display their images. THEY are public people.
3. Its at a PUBLIC location. City/state/feds PAID FOR IT.
4. this is a PUBLIC event. The HALL should not be LOANED to them to make MONEY, the CITY/STATE should sell the tickets..

ALSO consider...THEY ARE OWNED BY CBS..
[ link to this | view in chronology ]
Paddy (profile), 24 Mar 2010 @ 7:12am

I’m always baffled by things like this. How on earth does it make sense to ban people from mentioning your upcoming event? It’s free advertising, and it’s automatically targeted at relevant groups. When did the organisations that organise and run sports events become more interested in thesponsorship money than the sport? And how can we bring them to their knees and start over again?
[ link to this | view in chronology ]
known coward, 24 Mar 2010 @ 7:24am

see this is where the
10 billion dollar class action suite against the NCAA for every business, bar and restaurant,that lost revenue because of their fear of the NCAA suiing them, did not marketing that they were welcoming "march MaDDness Guests"

As in the Ryerson post, this is exactly the kind of case huge multi billion dollar settlements that either bankrupt or severely harm the offending corporations for the good of society at large NEED to occur. If there is no cost to stupidity, stupidity will repeat itself for ever.
[ link to this | view in chronology ]
- known coward, 24 Mar 2010 @ 7:36am
  
  would somebody please . . . WAS Re: see this is where the
  TEACH ME ENGLISH AS A SECOND LANGUAGE. (sheesh)
  
  can i get a copy editor please ?
  [ link to this | view in chronology ]
bdcrazy, 24 Mar 2010 @ 7:39am

You can't advertise March Madness or Sweet Sixteen unless you pay us money. Otherwise people will think we're endorsing them or something and make more money off our trademarked names becoming better fans and more likely to make us more money. Can't have that AT ALL!!!
[ link to this | view in chronology ]
Anonymous Coward, 24 Mar 2010 @ 7:51am

It's Intellectual Property run amok!
[ link to this | view in chronology ]
John Mitchell (profile), 24 Mar 2010 @ 8:52am

"March Madness" is the NCAA's olympic effort at a world cup in a college teacup
Like I said. Sue me. I'll still enjoy the sweet sixteen.
[ link to this | view in chronology ]
Joel (profile), 24 Mar 2010 @ 9:54am

Incredible...
This is to show how greedy people really are and that is why the world is in the shape that it is in today... oh the greed!!
[ link to this | view in chronology ]
Danny, 24 Mar 2010 @ 1:49pm

????
So let me get this straight. I'm bringing a round of a major tournament to a city and I'm going to demand pretty much a word of mouth blackout? Damn that I would've been in that city as soon as the location was set arranging all kinds of publicity. Ticket giveaways to local radio stations. Meet and greet nights at the local schools. Who knows what else.
[ link to this | view in chronology ]