DraftKings Challenges NCAA March Madness Trademark Claims

DraftKings is rejecting an NCAA trademark infringement complaint, arguing that its use of terms like "March Madness" is standard across the sports ecosystem and legally protected. The response, filed Wednesday, followed an NCAA request for an emergency restraining order to stop the sportsbook from using phrases associated with its men's and women's basketball tournaments.  

The NCAA's filing in the Southern District of Indiana sought to block DraftKings from referencing March Madness, Final Four, Elite Eight, and Sweet Sixteen in promotions. DraftKings said those terms have been used for years by fans, media, and betting platforms, not just one operator. It also noted that other sportsbooks use the same terminology and have not faced similar legal action. 

DraftKings described the NCAA's request for immediate intervention as based on a manufactured emergency rather than a genuine need for urgent relief. The company argued that the language reflects how the tournaments are commonly followed and discussed nationwide.  

It also pointed to the NCAA's commercial relationship with a company that supplies in-game data to sportsbooks, suggesting the association's position on gambling links is not consistent across all partnerships.  

The NCAA maintained that it avoids any appearance of affiliation with gambling operators and said DraftKings' use of its trademarks could mislead consumers into believing there is an official relationship. 

DraftKings said its references are protected under the First Amendment and argued the NCAA's trademark claims would fail on the merits. The case has added legal pressure during a peak period for college basketball engagement, as tournament-related betting activity has drawn significant attention across regulated markets. 

NCAA expands trademark concerns to prediction markets 

The NCAA's trademark concerns extend beyond traditional sportsbooks, with similar issues involving prediction market operator Kalshi. In February, the NCAA requested that Kalshi remove references to March Madness, stating it had not granted permission to use the federally registered trademark.  

The NCAA said it had previously raised concerns about Kalshi's use of its marks and described the continued use as a misrepresentation of any official involvement. It requested the immediate removal of the trademarks and reiterated its position that prediction market apps do not align with its standards.  

“The NCAA has previously addressed issues with Kalshi illegitimately using NCAA marks for their offerings. This continues to be a misrepresentation of any NCAA involvement, and we have requested immediate removal of NCAA trademarks,” an NCAA spokesperson said. 

NCAA President Charlie Baker stated that the organization strongly opposes college sports prediction markets and views them as an unregulated environment that does not comply with the rules governing licensed betting operators. 

The NCAA has also emphasized concerns regarding ongoing player prop betting on regulated and unregulated sites. However, Kalshi has continued to grow through partnerships with CNN and the NHL, as well as investment from NBA player Giannis Antetokounmpo.