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As March Basketball Mania Begins, There Are Some Things Businesses Need To Consider

By Melony Roy

PHILADELPHIA (CBS) -- With March Madness basketball mania about to engulf the country, there are some things businesses need to consider before posting "specials" online.

From sporting goods stores to bars -- "March Madness" can be a promotional powerhouse for businesses to drive sales.   But Philadelphia intellectual property lawyer Richard Pierce says there are some pitfalls when doing so on social media.

"Similar to what happens around Super Bowl time is that there is a huge chunk of the population that know that the event is taking place so what you have to do is try to find a way to refer to it and capitalize on the hype without using the actual brands or something that is so confusingly similar to it that would raise red flags with the NCAA," said Pierce.

You can't use the term "March Madness" or "Final Four" unless you are an approved, official sponsor or licensee. The same is true with many trademarked sports terms like Super Bowl and Stanley Cup.

Pierce says trademark laws simply don't turn off because you're on social media.

"So the marketing department of a business or someone who is running the promotions for a local bar and restaurants needs to understand that doing something that might be problematic in the business world could equally be problematic on social media," said Pierce.

There are some ways to capitalize on "March Madness" without getting sued. You can use March Mayhem, March Mania or March Madness Markdowns.

And when in doubt get professional legal advice.

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