NCAA moves to block DraftKings use of tournament branding in betting

DraftKings faces a federal complaint from the NCAA over its use of “March Madness” and other tournament terms in betting products and promotions, according to Yahoo! Sports report.

The National Collegiate Athletic Association (NCAA) filed the complaint in the US District Court for the Southern District of Indiana, requesting an emergency restraining order. The filing asks the court to direct DraftKings to stop using terms including “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen,” along with variations, in sportsbook offerings, advertising, and related materials.

According to the NCAA, these trademarks are used to identify, brand, and distinguish its men’s and women’s basketball tournaments across broadcast media, digital platforms, merchandise, sponsorships, and licensed commercial activity.

NCAA cites platform use and timing

The complaint includes screenshots of DraftKings’ wagering platforms submitted as exhibits. The NCAA alleges the sportsbook incorporated the tournament-related terms into betting menus, promotional graphics, and marketing publications.

“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,” the complaint said.

“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 responds on fair use grounds

DraftKings said it does not view its actions as trademark infringement, stating that the terminology is used in a descriptive manner.

“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 operators. It stated that it has declined sportsbook sponsorships, prohibited sports betting participation by athletes and staff, and opposed wagering formats including prop bets and micro-bets.

The association also pointed to initiatives intended to address harassment and improper influence in college sports while maintaining competition integrity.

"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.