INDIANAPOLIS --- The NCAA® successfully enforced its cease and desist demand against Liberty Mutual Insurance Company over the insurance company’s unauthorized use of the trademark March Madness®, which was used in a recent print advertising campaign.  Liberty Mutual has acknowledged that the company’s print advertisements appearing in a sports publication during the Men’s Division I Basketball Championship violated NCAA’s trademark rights.

March Madness is a trademark owned by the March Madness Athletic Association (MMAA) LLC, which includes the NCAA and the Illinois High School Association as members.  The NCAA is the exclusive licensee of the mark in connection with the NCAA Division I Men’s and Women’s Basketball Championships, and has used the distinctive mark in connection with its championships since the early 1980s.

“The NCAA has a duty to protect its brand and the marketing and licensing rights of corporate entities who have taken the right steps to associate themselves with the Association and its values,” said Greg Shaheen, vice-president of Division I men’s basketball and championship strategies.  “We’re aggressive in our efforts to eliminate the unauthorized uses of our intellectual property so our membership and consumers are not confused as to what promotions or products have been approved by the NCAA.” 

The NCAA licenses a select group of corporations to utilize the March Madness trademark in conjunction with the Division I Men’s and Women’s Basketball Championships in the marketing of their goods and services and for advertising purposes.  From the royalties collected, the NCAA distributes rights fees and championship-related income received by the NCAA to its membership at a rate of 94 cents on every dollar.  Companies that ambush these protected rights jeopardize the benefits provided to our member colleges and universities and their student-athlete initiatives. 

Liberty Mutual, which is not an NCAA Corporate Champion, Partner or Licensee, violated those protected rights when it used the term March Madness in two advertisements, which appeared in the March 20, 2006 issue of Sports Illustrated.  Liberty Mutual has acknowledged that the use of the trademark required the NCAA’s permission and agreed to permanently cease all use of the trademark March Madness in connection with the advertising and promotion of its services.

“We want to send a clear message that we will not tolerate unauthorized use of our trademarks and rights,” said Shaheen.  “Fans continue to support NCAA championships and we will take every step to stamp out ambush marketing associated with our events.”