DraftKings is facing a federal lawsuit from the NCAA regarding its use of terms like “March Madness” in its betting offerings and promotions, as reported by Yahoo! Sports.
The National Collegiate Athletic Association (NCAA) has lodged the complaint in the US District Court for the Southern District of Indiana, seeking an emergency restraining order. The NCAA is requesting the court to prohibit DraftKings from utilizing phrases such as “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen,” along with their variations, in its sportsbook services, advertising, and related materials.
The NCAA argues that these trademarks are crucial for identifying and branding its men’s and women’s basketball tournaments across various media, including digital platforms, merchandise, sponsorships, and licensed commercial activities.
Included in the complaint are screenshots of DraftKings’ betting platforms, which the NCAA claims showcase the unauthorized use of tournament-related terms in betting menus, promotional graphics, and marketing materials.
The complaint states, “On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA’s iconic Basketball Marks, including confusingly similar variations thereof, to trade on — and usurp — the immense goodwill, recognition, and consumer trust embodied in those Marks at the precise moment of peak public attention.”
It further alleges that DraftKings’ unlawful usage quickly spread across its consumer-facing websites and mobile applications, embedding these marks and logos into various betting menus and promotional materials to create consumer confusion and falsely imply an association or sponsorship with the NCAA.
In response, DraftKings has asserted that it does not consider its actions to be trademark infringement, arguing that the terms are used descriptively. “DraftKings does not use the term March Madness as a trademark, but rather in plain text and as fair use, similar to how other tournaments are displayed, such as the NIT, to accurately identify the different tournaments and their respective games,” the company stated. “This is protected speech under the First Amendment and does not violate any brand’s trademark. We are confident that the courts will reject this request for an injunction.”
The NCAA has emphasized its efforts to avoid any appearance of affiliation with gambling entities. It has turned down sportsbook sponsorships, prohibited athletes and staff from participating in sports betting, and opposed various wagering formats, including prop bets and micro-bets.
Additionally, the association highlighted initiatives aimed at addressing harassment and undue influence in college sports while preserving the integrity of competition. “Every day that DraftKings continues to use these marks, millions of sports fans — particularly college students and young adults who are especially vulnerable to gambling harm — are misled into believing that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA stated.