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The NCAA and Host Communications, Inc., have accepted an Offer of Judgment proposed by the Coors Brewing Company.
The NCAA and Host initiated litigation against Coors in November 2001. The Offer of Judgment resolves the current litigation pending in the Marion Superior Court, State of Indiana.
Although Coors denies any wrongdoing, the court will enter judgment against Coors and in favor of the NCAA and Host. As part of the judgment, Coors is required to pay a monetary settlement to the NCAA and Host.
The lawsuit stemmed primarily from the Coors Company's unauthorized use of NCAA game tickets as a part of a promotion to send sweepstakes winners to the 2001 NCAA Men's Final Four. The NCAA alleged that the promotion was an unauthorized commercial use of the NCAA's tickets and that Coors had wrongfully attempted to falsely associate itself with the NCAA and the NCAA's basketball tournaments. To protect its rights, particularly around the Men's and Women's Final Fours, the NCAA places a statement on the back of every Final Four ticket, as well as on the application, that explicitly communicates that the game ticket cannot be used for promotional purposes without the NCAA's prior consent.
"This is a significant victory for the NCAA as the Association continues its efforts to eradicate the unauthorized uses of our intellectual property rights," said Dennis Cryder, NCAA vice-president for branding, broadcasting and promotions. "The NCAA has always been, and will continue to be, diligent in its pursuit of those who are willing to falsely associate themselves with our Association through the use of NCAA property."
"We hope that this outcome will deter others who might attempt to conduct unauthorized ticket promotions," said Scott Bearby, NCAA associate general counsel. "The NCAA has consistently received favorable judgments after filing lawsuits that go to protect the Association's trademarks. This suit marks the first time that the NCAA has had to resort to litigation regarding the unauthorized use of its game tickets. The NCAA believes that such unauthorized conduct can lead to significant damages to the Association's goodwill and licensing rights if consumers come to mistakenly believe a product or promotion has been approved by the NCAA."
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