NCAA Sues DraftKings Over Use Of March Madness And Related Tournament Terms

A new court fight has opened between the NCAA and DraftKings over betting promotions tied to college basketball tournament branding. The dispute centers on whether DraftKings can use well-known NCAA tournament terms in sportsbook menus, ads, and other consumer-facing materials.

Good to Know

• The NCAA wants an emergency restraining order against DraftKings.
• Terms at issue include March Madness, Final Four, Elite Eight, and Sweet Sixteen.
• DraftKings says its use is descriptive and protected under the First Amendment.

Rather than focusing on betting rules, the latest clash between college sports and sportsbooks is about branding. In a complaint filed in the US District Court for the Southern District of Indiana, the NCAA asked a judge to stop DraftKings from using a group of tournament-related terms across sportsbook products and promotions.

At the center of the case are “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen,” along with related variations. According to the NCAA, those marks identify and distinguish its men basketball and women basketball tournaments across broadcasts, digital platforms, merchandise, sponsorships, and licensed business activity.

The filing says DraftKings worked those terms into betting menus, marketing pieces, and promotional graphics shown to users. Screenshots from DraftKings platforms were included as exhibits in the complaint.

Wrong Timing?

Timing is a big part of the NCAA argument. The association said DraftKings started using the terms at the point of maximum public attention around the tournaments. “On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA iconic NCAA Basketball Marks, including confusingly similar variations thereof, to trade on — and usurp — the immense goodwill, recognition, and consumer trust embodied in those Marks at the precise moment of peak public attention,” the complaint said.

The NCAA also argued the use spread quickly across customer-facing channels. “DraftKings unlawful use quickly proliferated across its consumer-facing websites and mobile applications, embedding the marks and logos into betting menus, promotional graphics, and marketing publications, to deliberately exacerbate consumer confusion and reinforce a false association with or sponsorship by the NCAA in order to continuously capitalize on the goodwill of the NCAA,” the complaint said.

DraftKings is taking a very different line. The company said it does not treat March Madness as a trademark in its sportsbook presentation and instead uses the wording in plain text to identify tournament games. “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,” DraftKings said. “It is protected speech under the First Amendment and is not a violation of any brand trademark. We are confident that the courts will deny this request for an injunction.”

Beyond the trademark issue, the NCAA used the case to underline its broader distance from gambling operators. The association said it has turned down sportsbook sponsorships, banned betting participation by athletes and staff, and opposed prop bets and micro-bets. It also pointed to ongoing efforts aimed at reducing harassment and improper influence tied to college sports wagering.

That broader concern appeared again in a separate NCAA statement tied to the complaint. “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,” the NCAA said in a statement.

FAQ

What is the NCAA asking the court to do?

The NCAA wants an emergency restraining order directing DraftKings to stop using tournament-related terms in sportsbook offerings, advertising, and related materials.

Which terms are in dispute?

The complaint names March Madness, Final Four, Elite Eight, and Sweet Sixteen, along with similar variations.

Where was the complaint filed?

The NCAA filed it in the US District Court for the Southern District of Indiana.

What is DraftKings defense?

DraftKings says the terms are used descriptively in plain text, not as trademarks, and that the use is protected speech under the First Amendment.

Why does the NCAA say the use is harmful?

The NCAA argues it creates consumer confusion and suggests a false connection or endorsement between the association and the sportsbook.

What wider gambling concerns did the NCAA mention?

The association said it avoids sportsbook ties, bars betting by athletes and staff, and opposes wagering formats such as prop bets and micro-bets.