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NCAA denied temporary restraining order against DraftKings in trademark infringement case

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The NCAA was denied a temporary restraining order (TRO) on Thursday in its ongoing trademark infringement case against DraftKings using its NCAA Tournament-related phrases. With the TRO ruling, DraftKings is allowed to continue utilizing NCAA-trademarked phrases such as “March Madness,” “Elite Eight” and “Final Four” in its sports gambling operations.

The NCAA announced its lawsuit against DraftKings last week in an effort to halt the company from using several of its federally-registered March Madness-related trademarks or any variation of them for its sports betting products, promotional campaigns or marketing activities. It is the first formal legal action taken by the NCAA against popular sports betting companies or prediction markets such as Kalshi.

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In her opinion, Judge Tanya W. Pratt of the U.S. District Court of the Southern District of Indiana wrote that the NCAA has not yet shown the likelihood of irreparable harm. As a result, the TRO was denied.

“The NCAA has made the requisite showing that three of the four elements necessary for a TRO exists, but given the exacting standard required for a temporary restraining order, they have not shown irreparable harm,” Pratt wrote. “With further discovery the NCAA may be able to show they are entitled to a preliminary or permanent injunction, and those claims remain pending.”

With the 2026 NCAA Tournament’s second weekend of action beginning Thursday with Sweet Sixteen games, the NCAA was seeking immediate relief to address the use of its trademarks by sports betting websites. In its initial filing, the organization requested a TRO hearing by Thursday.

In a statement last week, the NCAA said use of such trademarks goes against one of the association’s core values about separating sports betting from NCAA championships. It also cited protection of its student-athletes as a reason for filing the lawsuit.

“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,” the NCAA statement read Friday. “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.

“The NCAA does not have any commercial relationships with any sportsbooks of any kind and continues to uphold a strict prohibition on advertising and sponsorships associated with betting. The NCAA says 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.”

Sports betting has been a key area of focus for the NCAA and president Charlie Baker. He has called for a ban on prop bets, citing the need to protect athletes and the integrity of the game. Baker also encouraged states to take action amid an investigation into multiple programs related to wagering.

SEC commissioner Greg Sankey also spoke about the impact of sports betting on college athletics. He recently told Paul Finebaum that sports gambling is one of the issues he hears about from athletes in the SEC, especially because of messages they receive on social media. As a result, Sankey called for Congress to help.

“The second thing they ask about is, we need some protection, some parameters around sports gambling,” Sankey said. “Because what is hitting young people because they made or missed a free throw is absurd. It’s absurd. And I hope our governmental leaders take both of those issues seriously.”

— On3’s Nick Schultz contributed to this report.