NCAA wants DraftKings to not use "March Madness" on its website - asks court to intervene

DraftKings faces a lawsuit in federal court filed by the NCAA asking the company to refrain from using March Madness branding, imagery, and other trademarked assets, with the association arguing that it administers the competition and owns the rights to its intellectual property. Along with the March Madness signage and imagery, the NCAA has also raised issues with the use of Final Four, Elite Eight, and Sweet Sixteen, all of which are used to designate the different stages of the seminal college competition that is taking place throughout March and early April.

The issue is simple to the NCAA - the association argues that there are considerable risks to athletes and the competition’s brand. The NCAA is asking the court to prohibit DraftKings from using the allegedly trademarked assets, and is also seeking an unspecified amount of monetary damages. The NCAA has so far refused to partner with gambling operators and other industry stakeholders, citing its long-standing position that this is in the best interest of its athletes and college students in general. However, by using the signage and imagery of the competition, DraftKings was, according to the NCAA, falsely associating the organization with the platform and harming its reputation. DraftKings has objected to this characterization and stated that it uses the terms to identify games in a manner protected under U.S. law and the Constitution, rather than as trademarked branding. The sportsbook argued that there was nothing objectionable about describing the events on which betting markets were legally available. Nevertheless, the NCAA sees its recent action as a crucial step in furthering its mission to protect the integrity of competition and student-athlete well-being from the harms of sports betting.

The NCAA said that the types of wagers offered by DraftKings, and specifically proposition bets, were particularly harmful, arguing that they could result in increased harassment directed at student-athletes and further endanger the integrity of the game. Previously, the NCAA has also raised concerns with prediction market platforms such as Kalshi, including calls for tighter oversight of how college sports events are referenced and offered for trading.