How to Establish, Protect Organizational Trademarks

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In April 2015, the Glenview (Ill.) Park District filed a complaint with the United States Patent and Trademark Office claiming the National Collegiate Athletic Association had violated its official trademark. In particular, the Glenview Park District claimed that the NCAA's marketing phrase "Experience It Live" was too similar to the phrase "Experience It" used by Glenview since 2008 in promotional materials. Glenview received formal registration of the mark Feb. 15, 2011.

In 2014, the NCAA began using the phrase "Experience It Live" and sought to register it, but the request was rejected due to its similarity to Glenview's trademark. Despite acknowledging that usage of the phrase would likely cause confusion with the park district, the Patent and Trademark Office allowed the NCAA to use the trademark unless someone opposed it — as the Glenview Park District did shortly thereafter, filing a notice of opposition with the Trademark Trial and Appeal Board.

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