Ice Miller partner Holiday Banta was quoted in The Indiana Lawyer article, "NCAA uses full-court press to protect branded phrases like ‘March Madness.’"

The article included:

Trademark attorneys agree it’s important for organizations to protect their brands or risk losing them altogether.

Holiday Banta, a trademark attorney and partner at Ice Miller in Indianapolis, said history offers several cautionary examples. Terms like “aspirin” and “escalator” were once protected trademarks but became generic after companies failed to police their use, stripping them of exclusive rights.

Other brands — such as Kleenex, Xerox and even Google — have fought to avoid the same fate, spending heavily on campaigns to ensure their names are not used generically.

Once a trademark becomes a generic name for a broad product category rather than a distinct brand, it can lose legal protection — and with it, the ability to control quality, reputation and licensing opportunities.

Banta declined to comment directly on the DraftKings case, noting that Ice Miller represents the company in some patent matters and advises the NCAA in some matters other than intellectual property.

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