The National Collegiate Athletic Association (NCAA) is one of the most well-known organizations in America. The same can obviously be said about the U.S. Marine Corps. While these two groups don’t typically intersect, they have now found themselves at odds over a trademark application filed by the Marines that may infringe on the March Madness trademark.

On November 22, 2024, the NCAA filed a trademark opposition against an application submitted by the Marine Corps. The Marines sought trademark rights over the term “March Mania” in relation to a tournament focused on marching bands. While this Marine Corps competition has existed for years, their attempt at trademark registration has pushed the NCAA into action.

U.S. Marine Corps vs NCAA

Most people are familiar with the March Madness basketball tournament hosted by the NCAA. In fact, the brackets showing teams facing off against each other are easily identifiable even among those who don’t enjoy sports. Fewer people have heard of March Mania, the yearly competition hosted by the Marine Corps where marching bands advance to championship rounds.

At first glance, March Mania and March Madness share definite similarities. In fact, the primary difference is the type of competition involved (e.g., basketball vs. marching bands). The similarities that exist are the basis of the NCAA filing a trademark opposition related to their March Madness trademark and other “March-formative” properties.

While the Marine Corps claims their March Mania trademark has been used commercially since at least March 2014, they did not file a trademark application until April 2024. However, the timing seems to matter less than the perceived likelihood of confusion that the NCAA believes would exist among consumers if the trademark is granted to the Marines.

Would Consumers Really Confuse the Tournaments?

The U.S. Patent and Trademark Office (USPTO) is tasked with granting trademark registrations. However, they have to make sure that approving a registration would not confuse consumers about the source of a product or service. Such a likelihood of confusion could negatively affect brands with an established following if consumers equate other products to their company.

The NCAA claims that the March Mania trademark sought by the Marines “is similar in appearance, sound, meaning, and commercial impression to the March Madness [trademarks].” The sports organization also points out that the dictionary lists “madness” and “mania” as synonyms, further arguing their point of potential consumer confusion.

Finally, the NCAA says that registering March Mania would create trademark dilution for the March Madness trademark. Its claim is that March Mania would weaken the connection between March Madness and the NCAA in the minds of consumers. It’s easy to see how such confusion may exist, but it will be up to the USPTO to make a decision.

What Happens Next?

The NCAA is no stranger to trademark infringement issues. The organization has gone after brands using “Markdown Madness,” “April Madness,” “March Modness,” “Marsh Madness,” and even “Vasectomy Madness.” Clearly, the NCAA is no stranger to trademark disputes. However, very few brands have the same level of resources as the U.S. Marine Corps.  With the force of the U.S. Government behind it, this case seems destined for trademark litigation if the Marines decide to press the issue.

In the notice sent to the U.S. Marine Corps, the USPTO states that the Marines have until New Year’s Day, 2025, to file an answer to the charges levied by the NCAA. At this point, the case will proceed before the Trademark Trial and Appeal Board (TTAB) — but if either side doesn’t like the resolution, they can file a complaint in federal court.

The Marines could drop its application, but if they choose not to, a fight between the U.S. Military and collegiate sports could make March Madness look like a scrimmage.