- NCAA has worked to disassociate itself from sports betting
- DraftKings said in a statement that it doesn’t use March Madness as a trademark
- Second round games underway in both men’s and women’s March Madness play
Off-court March Madness drama is heating up as fast as the bracket, with the news that the NCAA is suing DraftKings for trademark infringement.
Trademark Infringement Accusation
The sportsbook operator is accused of allegedly taking trademarks like March Madness, Final Four, Sweet Sixteen, and Elite Eight to push betting promotions and marketing.
The NCAA suit, filed in federal court in the Southern District of Indiana, seeks a temporary restraining order telling DraftKings to stop using its federally registered trademarked terms. It confuses fans and implies NCAA endorsement of gambling, they argued. Bottom line, a deep institutional value of the NCAA is not to be associated with sports betting in any way, via its championships or the student athletes who compete in these events.
DraftKings’ Denial
The NCAA makes clear in the complaint and its motion that 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,” said the NCAA in a statement.
“This causes confusion among NCAA members and student-athletes that the Association is involved with and/or endorsing sports betting, which is in direct contradiction to its robust education, integrity monitoring, anti-harassment and advocacy efforts to end risky prop bets.”
Federal Court Complaint
However, DraftKings doesn’t agree with the NCAA position. According to a statement issued by a DraftKings spokesperson, sent to Casino.org:
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. 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.”
In a statement the NCAA said it does not have any commercial relationships with any sportsbooks and continues to uphold a strict prohibition on advertising and sponsorships associated with betting.
“The NCAA said filing this complaint is a crucial step in furthering its mission to protect the integrity of competition and student-athlete well-being from the harms of sports betting.”
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