The term "Sweet 16" originated to describe Kentucky's annual state basketball tournament. The phrase is owned by the Kentucky High School Athletic Association, who trademarked the phrase in 1988.
The KHSAA and NCAA have a licensing agreement that allows the NCAA to use the "Sweet 16" mark in conjunction with the third round of the NCAA Tournament.
The term "March Madness" goes even further back in high school lore, this time in Illinois.
An executive of the Illinois High School Association is credited with first using the phrase in a 1939 essay about the state's high school basketball tournament published in the IHSA’s magazine. The same official later wrote a poem in 1941 called “Basketball Ides of March,” which ends with a reference to “a happy Madness of March.” For decades “March Madness” was a popular reference to the state tournament in Illinois.
In 1973, the IHSA began using the term officially in its programs and on its merchandise. Other companies and organizations, including state high school associations and manufacturers, have been licensed by the IHSA to use these trademarks.
Only in 1982 was the phrase first used as a reference to the NCAA tournament. Sportscaster Brent Musburger is credited with popularizing the term in connection with the NCAA tournament. He likely knew the term based on his years at Northwestern University, and in Chicago newspaper, radio and television before moving to the CBS network.
In the 1990s, the NCAA sought to trademark the term, but it was already owned by the IHSA, which itself bought the rights from a Chicago television production company.
The IHSA later sued an NCAA licensee to keep it from using the term “March Madness.” The IHSA lost, with the Seventh Circuit ruling that “March Madness” had become a “dual-use” term, referring to both the IHSA and NCAA basketball tournaments.
After joining forces for a brief period to license the phrase and enforce the registered trademark, the NCAA ultimately bought IHSA’s ownership share in the trademark. Illinois now uses the phrase, "America's Original March Madness," and the website marchmadness.org links to the IHSA.
Other familiar phrases like "Elite Eight," "Final Four" and "The Big Dance" are also trademarks of the NCAA.
Just like the NFL's trademark of "Super Bowl," use of those phrases in advertising and promotions are not allowed without permission and rights fees.
On the Net:
IHSA March Madness history
