NCAA cries foul over use of ‘March Madness’

Tuesday, March 14, 2006 | 9:59 a.m.

The Las Vegas Convention and Visitors Authority hasn't been too happy about companies and organizations that have attempted to profit or call attention to themselves by using some form of the phrase "What happens here, stays here," which it considers to be a registered trademark.

Now the basketball sneaker is on the other foot, and it's the National Collegiate Athletic Association that is riled up about the LVCVA's use of the term "March Madness."

"They're definitely trying to snuggle up to our events," said Durenka Robie, coordinator of broadcast and corporate alliances for the NCAA, after being read a portion of a recently distributed LVCVA press release about how busy the Las Vegas Convention Center is this month.

"It's a fine line sometimes (in determining what violates trademark infringement)," Robie said. "But I would think we would send a letter asking them to cease and desist."

Vince Alberta, a spokesman for the LVCVA, said his office hasn't received any correspondence from the NCAA, which became aware of the press release after the Sun's inquiry.

"It was an isolated use describing the activity in our convention center and it wasn't used for commercial purposes," Alberta said. "If we get something from the NCAA, we'll take a look at it."

Alberta said that press releases are normally archived on the LVCVA's Internet site and that it's possible the "March Madness" convention center release could be removed if executives deem it inappropriate.

He said the big difference between the LVCVA's use of "March Madness" and businesses and organizations using "What happens here, stays here" is that there's no commercial gain in using the phrase in a press release.

The NCAA and Las Vegas have gone toe-to-toe on the issue in the past because several casinos were using NCAA-registered trademarks to publicize gaming promotions and parties. The NCAA sent cease-and-desist letters to several casinos in 2004 and 2005, warning them not to use certain words and phrases in their advertising campaigns.

Robie said memos were sent to several casinos this year as a pre-emptive strike.

Among the trademarked phrases the NCAA is touchy about are Final Four, Final 4, The Final Four, Elite Eight, NCAA Sweet 16, The Big Dance and March Madness.

"March Madness" actually is owned by the March Madness Athletic Association 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 Championship.

In a memo sent Feb. 13 by David Knopp, managing director of strategic activation for corporate and broadcast alliances at the NCAA, the use of trademarks is addressed.

"In your advertising and marketing plans, we ask that you refrain from any direct or indirect usage of the NCAA's championships, tickets or marks/logos unless and until you have obtained the prior written consent of the NCAA and specifically our corporate alliances staff."

The memo also notes that media and news entities do not need written consent to use marks in coverage of NCAA events.

The LVCVA's use of "March Madness" is in reference to the month being one of the busiest times of the year at the Convention Center, but the press release clearly references basketball.

"With college hoop stars gearing up for their late-season hard court battles, the Las Vegas Convention Center staff is perfecting its fast break to be ready for its own record-breaking 'March Madness,' " the release issued last week reads.

The release explains that the Convention Center will play host to 23 separate shows in the month, a single-month record.