In any other realm, that is not a question you would be likely to hear, but where intellectual property is concerned, there is no holding back. What is going on?
Back in April 2024, the Marines applied to register a trademark associated with “entertainment services.” More specifically, for “arranging and conducting competitions in the field of marching band performances.” Earlier this year, the USPTO registered the mark. This resulted in the NCAA’s recent petition to cancel that mark before the Trademark Trial and Appeal Board (TTAB), citing damage it believes the mark will do to their branding.
Why is the NCAA so concerned about a mark related to marching band performances? Because that mark is “Sousa’s March Mania.”
Still not getting it? Maybe if you had a bracket in front of you….
March Madness Versus March Mania
The NCAA’s argument on this one is fairly simple. Their big, annual college basketball tournament occurs in March – around the same time as the Marines’ marching band competitions – and it has been called the NCAA March Madness Tournament for decades.
They have a strong argument that their “March-formative marks” have become quite famous and distinctive, and it is certainly true that the NCAA spends considerable resources promoting the tournament using those marks. Additionally, as the NCAA was quick to point out, the dictionary lists “mania” and “madness” as synonyms.
A big question here, however, is whether “Sousa’s March Mania” would really cause consumer confusion. From the NCAA’s point of view, the name is “similar in appearance, sound, meaning, and commercial impression.” Moreover, there is the fact that both organizations host their annual competitions in March.
The Marines have yet to respond, but one can imagine that a large portion of their argument will focus on the idea of consumer confusion between a well-known national basketball tournament played by college students and a marching band tournament featuring sousaphones is unlikely. The TTAB will have to consider the likelihood that consumers of national college basketball tournaments believe that “Sousa’s March Mania” is produced by the NCAA? And vice versa, will consumers of marching band competitions believe the Marines produce the basketball tournament.
It is anyone’s guess how this one will shake out, but I am certainly curious. More importantly: will this raise the profile of the marching band competition enough that we can start creating brackets for the competitors? As a former member of my college marching band, that is definitely something I can get behind.