NCAA Demands DraftKings Halt March Madness Branding

(AsiaGameHub) –   On Friday, March 20, the National Collegiate Athletic Association (NCAA) submitted a formal complaint to a federal court, requesting that DraftKings cease using the “March Madness” branding.

The filing contends that the sportsbook should discontinue its use of registered trademarks associated with the NCAA’s men’s and women’s basketball tournaments.

NCAA Says DraftKings Uses Its Trademarked Brands

The NCAA has identified specific names and branding that DraftKings must avoid, seeking legal prohibition of their use. These include “March Madness,” “Final Four,” “ Elite Eight,” and “Sweet Sixteen,” which refer to different stages of the competition that generates massive overall gambling revenue.

The complaint further stipulates that these terms should be prohibited from appearing in the company’s sports betting offerings, promotional activities, or marketing materials. The NCAA elaborated on the matter in its filing:

“Just before the Tournaments began, DraftKings intentionally embraced and prominently deployed the NCAA’s iconic basketball trademarks, along with deceptively similar variants, to exploit and appropriate the considerable goodwill, recognition, and consumer confidence those Marks represent at the exact time of maximum public interest.”

The NCAA contended that DraftKings lacked any legitimate authority to integrate the tournament branding and imagery into its public-facing websites and applications, thereby “intentionally intensifying consumer confusion and cementing a misleading connection or sponsorship affiliation with the NCAA to persistently profit from the Association’s established reputation.”

DraftKings has challenged the complaint and its particular structure, asserting that the company never meant to employ – nor actually utilized – the “March Madness” branding, but instead applied it as “plain text” and as a “ fair use,” making comparisons to how other competitions are presented.

DraftKings Objects, Says Fair Use

“This constitutes protected speech under the First Amendment and does not infringe upon any brand’s trademark. We are confident the courts will reject this injunction request,” the company maintained.

The NCAA has demanded that this usage cease, as it subjects millions of vulnerable sports enthusiasts and, importantly, college students and young adults to the risks of gambling.

“[They are] exposed to the false suggestion that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA concluded.
The NCAA has been seeking to protect athletes from betting-related abuse and minimize opportunities for match-fixing by urging gambling industry stakeholders to prohibit proposition betting on college-level games.