NCAA Renews Fight with Kalshi over March Madness Trademark

A dispute has arisen between the NCAA and Kalshi over Kalshi’s use of the NCAA’s “March Madness” trademark. The trademark has been featured in a number of Kalshi’s sports event contracts, despite the operator being allowed to use generic terms such as "basketball tournament”. 

Concerns were raised that using the trademark could give users the impression that the NCAA endorses the platform. 

The league has consistently made it clear that it does not support college sports being offered on prediction market apps and previously requested that all college markets be removed until further guidelines are put in place. It has also raised concerns about player prop bets offered by both prediction markets and traditional sportsbooks. 

In a statement made to GamblingHarm.org on Friday, the NCAA said, “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.”

Additionally, NCAA Chief Legal Officer Scott Bearby has raised concerns in the past, sending a letter in November to Kalshi questioning its commitment to contest integrity and requesting that the prediction market remove language on the site that may suggest the NCAA has a relationship with the operator. 

The NCAA has since requested that Kalshi remove “March Madness” from its platform. 

Stay order granted to Kalshi in Massachusetts 

The NCAA is not the only organization disputing Kalshi. A number of state gambling regulators have attempted to block the sports-event contracts the company offers, claiming the prediction market should be regulated by the states rather than the Commodity Futures Trading Commission (CFTC).

While Massachusetts was the first state to obtain a court order preventing Kalshi from operating there, Kalshi recently secured a temporary reprieve after a judge delayed enforcement of the ruling. 

Kalshi’s request for a stay order was granted by Judge Sabita Singh of the Massachusetts Appeals Court, pending a panel's review of the company's challenge. 

Prediction markets, such as Kalshi and Polymarket, have come under scrutiny across the US, with states such as Massachusetts questioning whether they should be regulated as traditional sportsbooks rather than by the CFTC. 

Attorney General of Massachusetts Andrea Campbell argued that the state should regulate markets the same way it does sports betting. Despite Kalshi arguing that it is under exclusive jurisdiction with the CFTC, Suffolk Superior Judge Christopher Barry-Smith granted a request for a preliminary injunction, ruling that Kalshi’s interpretation of the authority held by the CFTC was too broad. 

Despite the Judge initially denying Kalshi's request to pause the injunction, the new stay order temporarily reverses the outcome.