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Yesterday, I wrote about the history of the NCAA’s asserting the rights to an array of trademarks associated with this month’s college basketball tournaments.  Today, I will provide some examples of the activities that can bring unwanted NCAA attention to your promotions or advertising, as well as an increasingly important development that should be considered when considering whether to accept advertising.

Activities that May Result in a Demand Letter from the NCAA

The NCAA acknowledges that media entities can sell advertising that accompanies the entity’s coverage of the NCAA championships.  However, similar to my discussion in January on the use of Super Bowl trademarks (see here) and my 2024 discussion on the use of Olympics trademarks (see here), unless authorized by the NCAA, any of the following activities may result in a cease and desist demand:

  • accepting advertising that refers to the NCAA®, the NCAA Basketball Tournament, March Madness®, The Big Dance®, Final Four®, Elite Eight® or any other NCAA trademark or logo.  (The NCAA has posted a list of its trademarks here.)
    • Example: An ad from a retailer with the headline, “Buy A New Big Screen TV in Time to Watch March Madness.”  Presumably, to avoid this issue, some advertisers have used “The Big Game” or “It’s Tournament Time!”
  • local programming that uses any NCAA trademark as part of its name.
    • Example: A locally produced program previewing the tournament called “The Big Dance: Pick a Winning Bracket.”
  • selling the right to sponsor the overall coverage by a broadcaster, website or print publication of the tournament.
    • Example: During the sports segment of the local news, introducing the section of the report on tournament developments as “March Madness, brought to you by [name of advertiser].”
  • sweepstakes or giveaways that include any NCAA trademark in its name. (see here)
    • Example: “The Final Four Giveaway.”
  • sweepstakes or giveaways that offer tickets to a tournament game as a prize.
    • Example: even if the sweepstakes name is not a problem, offering game tickets as a prize will raise an objection by the NCAA due to language on the tickets prohibiting their use for such purposes.
  • events or parties that use any NCAA trademark to attract guests.
    • Example: a radio station sponsors a happy hour where fans can watch a tournament game, with any NCAA marks that are prominently placed on signage.
  • advertising that wishes or congratulates a team, or its coach or players, on success in the tournament.
    • Example: “[Advertiser name] wishes [Name of Coach] and the 2022 [Name of Team] success in the NCAA tournament!”

There is a common pitfall that is unique to the NCAA, namely, basketball: tournament brackets used by advertisers, in newspapers or other media, or office pools where participants predict the winners of each game in advance of the tournament.  The NCAA’s position (see here) is that the unauthorized placement of advertising within an NCAA bracket and corporate sponsorship of a tournament bracket is misleading and constitutes an infringement of its intellectual property rights.   Accordingly, it says that any advertising should be outside of the bracket space and should clearly indicate that the advertiser or its goods or services are not sponsored by, approved by, or otherwise associated with the NCAA or its championship tournament.

Continue Reading It’s March … Time for Madness!:  Risks of Using or Accepting or Engaging in Advertising or Promotions that Use FINAL FOUR or Other NCAA Trademarks:  2026 Update – Part II

Each year, as the NCAA basketball tournaments get underway, my colleague Mitch Stabbe highlights the trademark issues that can arise from uses of the well-known words and phrases associated with the games in advertising, promotions, and other media coverage. Here is Part I of his review. Look for Part II tomorrow.

March is certainly a busy month for sports.  The professional basketball and hockey leagues are getting close to their playoffs.  Baseball is in the midst of Spring Training.  NFL teams are signing free agents.  And, of course, the NCAA College Basketball Tournaments will take place over the course of the month.

This is my eleventh annual column for the Broadcast Law Blog on the subject of the potential pitfalls to broadcasters in using the NCAA’s FINAL FOUR and other trademarks or accepting advertising that use the marks.  There continue to be changes in college sports, particularly in the area of paying student athletes for the use of Name, Image, Likeness (NIL) rights and teams changing conferences .  However, the NCAA’s hard line against unauthorized uses of FINAL FOUR or its other marks has not changed, including at least one action that took place just a few weeks ago..

That said, it is clear that the value of the NCAA’s basketball tournament rights has, however, greatly changed, which helps explain the enduring efforts to challenge unauthorized uses of its marks.  Thus, broadcasters, publishers and other businesses need to continue to be wary about potential claims arising from their use of terms and logos associated with the tournament.

NCAA Trademarks

The NCAA owns the well-known marks March Madness®, Final Four®, Final 4®, Women’s Final Four®, Elite Eight®, Women’s Elite Eight®, Road to the Final Four® and The Road to the Final Four® (with and without the word “The”), each of which is a federally registered trademark.  The NCAA does not own “Sweet Sixteen” – someone else does.  However, the NCAA has a license to use the mark and has federal registrations for NCAA Sweet Sixteen®and NCAA Sweet 16®.

Continue Reading It’s March … Time for Madness!:  Risks of Using or Accepting or Engaging in Advertising or Promotions that Use FINAL FOUR or Other NCAA Trademarks:  2026 Update – Part I
  • The FCC’s Media Bureau issued a Public Notice seeking comment on how changes in the sports programming marketplace have impacted
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In the last three weeks, we have noted three cases where the FCC’s Public Safety and Homeland Security Bureau granted waivers to broadcast stations to temporarily disconnect their EAS equipment while changing tower sites (see decisions here, here, and here).  FCC rules require stations to have operating EAS equipment during all hours of…

March may not have any of the regular FCC filing deadlines, but there are still plenty of regulatory activities going on this month that should grab the attention of any broadcast or media company.  There are a few FCC proceedings in which there are dates in March worth noting, including the main event in the process that the FCC has been going through to give Class A TV, LPTV, and TV Translator operators the opportunity for major changes and, this month, applications for new  LPTV and TV translator stations. Here is a look at some of the important broadcast regulatory dates in March, and a look ahead to the filing deadlines in early April.    

Daylight Savings Time resumes on March 8, and thus AM daytime-only radio stations and stations operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure compliance with the requirements set out in those authorizations.  As all times listed in FCC licenses are Standard Time, don’t be fooled into thinking that your daytime-only station has extra time to keep operating once Daylight Savings time kicks in.

Continue Reading March 2026 Regulatory Dates for Broadcasters – Daylight Savings Time, Applications for New LPTV/TV Translator Stations, Political Windows, and More
  • FCC Chairman Carr announced the “Pledge America Campaign” which calls on broadcasters to pledge to provide programming promoting civic education,
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  • The Senate Commerce Committee held a hearing titled “We Interrupt This Program: Media Ownership in the Digital Age.”  Testimony at
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In the last few days, there have been a series of articles and alerts that have alarmed broadcasters and caused worry that fines would be coming their way for not updating and correcting any FCC Registration Number (FRN) associated with their operations.  While there is a new rule that went into effect recently that requires all users of the Commission Registration System (CORES) to update their FRN registrations within 10 business days of any change to the associated contact information, there has been no indication that there is any imminent widespread enforcement activity against broadcasters based on this new rule.  In fact, the rule does not materially change broadcaster’s obligations to keep their FCC records up to date – only putting a definitive time limit on an existing requirement that a broadcaster’s FRNs must be updated promptly. Thus, the new rule reinforces that broadcasters do have an obligation to update their information to comply with the rules, as outdated information could result in legal penalties – but panic is likely not in order.  Let’s look at this obligation.

CORES is used to set up the FRN that is necessary for most broadcast filings.  Broadcasters need an FRN to file any application, pay fees, and make other FCC submissions.  In connection with Biennial Ownership Reports (now on hold until at least June 2027, pending an evaluation of whether they really are necessary – see our article here), the FCC required FRNs not only for broadcast licensees, but also for all entities and individuals who hold attributable interests in such licensees.  The information to set up an FRN requires a taxpayer identifying number (TIN) or social security number (SSN), and it also includes information such as a contact person and their title, address, telephone number, and email. 

Continue Reading FCC Sets Requirement to Promptly Update FCC Registration Numbers – No Need to Panic, But Licensees Should Ensure All FCC Information Is Accurate and Up To Date
  • Congress reauthorized funding for many government agencies, including the FCC, thus avoiding a prolonged shutdown of these agencies.  FCC operations
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