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10 March 2017Trademarks

US athletics association sprints to court in TM suit

The National Collegiate Athletic Association (NCAA) has filed a trademark infringement suit against a US-based sports game site.

The NCAA filed its suit (pdf) against Kizzang at the US District Court for the Southern District of Indiana, Indianapolis Division, on Wednesday, March 8.

It argued that Kizzang had infringed and diluted its trademarks and competed unfairly.

The NCAA is a member-led organisation that is dedicated to the well-being and success of college athletes.

According to the suit, the NCAA has used the trademarks ‘Final Four’ and ‘March Madness’ to identify basketball tournaments hosted by the organisation.

The NCAA has owned the marks from 1988, and they cover goods such as duffle bags, tote bags and telecommunications services.

In April 2015 the NCAA discovered that Kizzang was using the mark ‘Final 3’ on its Facebook page, according to the suit.

The NCAA submitted a complaint to Facebook and the page was removed within two days of the notification. The Facebook page is disabled.

However, the NCAA argued that Kizzang continues to offer goods and services which use the marks ‘Final 3’ and ‘April Madness’ in connection with college basketball.

Kizzang has also applied to trademark the terms ‘April Madness’ and ‘Final 3’ at the US Patent and Trademark Office (USPTO), according to the suit.

In its suit, the NCAA asked for the USPTO to deny Kizzang’s trademark registrations.

It is seeking profits, triple damages, exemplary damages, costs, disbursements, attorneys’ fees and a jury trial.

A spokesperson from the NCAA told WIPR: "While the NCAA values the broad interest in March Madness, it must be vigilant in protecting its trademark interests against improper use or risk losing them. We have filed suit against Kizzang to prevent its unauthorised use of NCAA marks for its own commercial gain."

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