UC Law SF Communications and Entertainment Journal


Jonathan Berger


March is the month when the college basketball season draws to a close, and the insanity associated with the championship tournaments begins. In 1996, the Court of Appeals for the Seventh Circuit ruled that the term "March Madness" existed with dual-usage. This article argues that there was no need to create the concept of the "dual-use trademark" at all, and that the existing trademark-law framework was perfectly adequate for the task of adjudicating issues such as the one presented here. This article further contends that the potential perils of dualuse trademarks far outweigh any benefits that might spring from their existence.