The NCAA recently filed a lawsuit in federal court seeking an emergency injunction against DraftKings to prohibit its use of terms related to the event such as "March Madness," "Final Four," "Elite Eight," and "Sweet Sixteen" on its sports betting platform and marketing materials. The NCAA states that these federally registered trademarks are central to promoting its men's and women's basketball tournaments, and DraftKings "deliberately" uses these iconic terms on the eve of the event, exploiting the NCAA's goodwill and public trust to market its betting platform. In plain terms, your casino wants to leverage the popularity of my event, but I don't want you to.
Trademark Dispute: NCAA Accuses of "Deliberately Creating Consumer Confusion"
In the lawsuit, the NCAA points out that DraftKings extensively uses the disputed terms on its consumer-facing website and mobile app on the eve of the tournament, embedding the logos into betting menus, promotional images, and marketing publications, deliberately creating consumer confusion and reinforcing the false impression of an "association or sponsorship with the NCAA," continuously exploiting the NCAA's goodwill for profit. The lawsuit includes screenshots from the DraftKings platform showing how the disputed terms appear in the betting interface and promotional content.
DraftKings Retaliates: This is "Speech Protected by the First Amendment"
DraftKings denies the allegations, insisting that its use of the event terms is within the legal limits. The company states that DraftKings does not use "March Madness" as a trademark, but rather uses it in plain text form, similar to how other tournaments (like the NIT) are presented, with the purpose of accurately distinguishing between different events and their games. The company emphasizes that this is speech protected by the First Amendment and does not constitute any trademark infringement, believing that the court will dismiss the injunction request.
Deeper Concerns: NCAA Reaffirms "No Cooperation with Betting Companies" Stance
Beyond the trademark issue, the NCAA also emphasizes its long-standing position: refusing to sign sponsorship agreements with betting companies and strictly enforcing rules prohibiting athletes and staff from participating in sports betting. The NCAA president points out that betting puts tremendous pressure on student-athletes, and "thousands of abusive messages and information" are driven by gambling's "terrible behavior." The NCAA claims that each additional day DraftKings uses these logos, millions of sports fans—especially college students and young people vulnerable to gambling harm—are affected by the false implication that the NCAA authorizes or endorses the DraftKings betting platform. Want to stay updated on the latest developments in sports betting and college sports trademark disputes? PASA official website continues to track.
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