The NCAA has filed a federal complaint seeking an emergency restraining order to stop online sportsbook DraftKings from using registered trademarks associated with its men’s and women’s basketball tournaments.
The trademark infringement suit, lodged Friday in the Southern District of Indiana, demands DraftKings cease using terms such as “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen,” or variations, in its betting products, promotions or marketing.
The NCAA stated in the complaint that its trademarks are used to identify, brand, advertise, and distinguish the tournaments across broadcast media, digital platforms, merchandise, sponsorships and licensed commercial activities.
The filing asserts: “On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA’s iconic NCAA 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.”
Screenshots of DraftKings wagering platforms were included in exhibits attached to the complaint.
“DraftKings’s unlawful use quickly proliferated across its consumer-facing websites and mobile applications, embedding the marks and logos into betting menus, promotional graphics, and marketing publications, to deliberately exacerbate consumer confusion and reinforce a false association with or sponsorship by the NCAA in order to continuously capitalize on the goodwill of the NCAA,” the complaint said.
DraftKings said in a statement that it is not engaging in trademark infringement.
“DraftKings does not use the term March Madness as a trademark, but rather uses it in plain text and as a fair use in the same manner that other tournaments are displayed, such as the NIT, in order to accurately identify the different tournaments and their respective games,” DraftKings said. “This is protected speech under the First Amendment and is not a violation of any brand’s trademark. We are confident that the courts will deny this request for an injunction.”
The NCAA said it avoids any appearance of affiliation with gambling companies and has declined sportsbook sponsorships, banned sports betting by athletes and staff and publicly opposed prop bets and micro-bets. The NCAA noted it has launched initiatives to prevent harassment and improper influence in college sports and preserve the integrity of its competitions.
“Every day that DraftKings continues to use these marks, millions of sports fans — and, critically, college students and young adults who are particularly susceptible to gambling harm — are exposed to the false suggestion that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA said in a statement.
