The NCAA has filed a federal lawsuit against DraftKings, accusing the online sportsbook of trademark infringement over its use of terms like 'March Madness', 'Final Four', 'Elite Eight', and 'Sweet Sixteen'. The complaint, lodged in the Southern District of Indiana, seeks an emergency restraining order to stop DraftKings from using these registered trademarks in its betting products, promotions, or marketing.
According to the NCAA, the trademarks are used to identify and brand its men's and women's basketball tournaments across various platforms. The filing alleges that DraftKings deliberately adopted the marks 'on the eve of the Tournaments' to capitalise on the goodwill and consumer trust associated with them. Screenshots of DraftKings' wagering platforms were included as exhibits.
DraftKings has denied the allegations, stating that it uses the term 'March Madness' in plain text as a fair use to identify tournaments, similar to how it displays other events like the NIT. The company argued that this is protected speech under the First Amendment and expressed confidence that the courts will deny the injunction request.
The NCAA emphasised its stance against any appearance of affiliation with gambling companies, noting that it has declined sportsbook sponsorships, banned sports betting by athletes and staff, and opposed prop bets and micro-bets. The organisation also highlighted its initiatives to prevent harassment and preserve the integrity of college sports.
