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INTERSPORT, INC. v. NCAA

No. 1-07-0626.

885 N.E.2d 532 (2008)

INTERSPORT, INC., Plaintiff-Appellee, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION and March Madness Athletic Association, L.L.C., Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied April 23, 2008.

Attorney(s) appearing for the Case

Antony J. McShane, Michael G. Kelber, Hillary A. Mann, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Defendants-Appellants.

Paul E. Veith, Michael C. Andolina, April D. Lambert, Sidley Austin LLP, Chicago, IL, for Plaintiff-Appellee.

Justice THEIS delivered the opinion of the court:

Defendants, the National Collegiate Athletic Association (the NCAA) and the March Madness Athletic Association, L.L.C. (the MMAA), appeal from the order of the circuit court of Cook County entering a declaratory judgment in favor of plaintiff Intersport, Inc. Specifically, the circuit court found that Intersport's license from the MMAA to use the trademark term "March Madness" to "advertise, promote, and sell videos...

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