NCAA sues DraftKings for trademark infringement related to March Madness phrases

The NCAA has sued DraftKings for alleged trademark infringement, the association announced Friday. In a press release, the NCAA cited unauthorized used of trademarks related to March Madness.

The NCAA is seeking a temporary restraining order against DraftKings to stop the company from using multiple federally registered trademarks or any variation for sports betting products, promotional campaigns or marketing activities. Those phrases include “March Madness,” “Final Four,” “Elite Eight” and “Sweet Sixteen.”

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In a statement Friday, 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 athletes as a reason for filing the suit.

“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 said 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.

“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.”

In the complaint, via Sam Ehrlich, the NCAA requested a swift process. The association proposed a schedule that would coincide with the between the Round of 32 and Sweet Sixteen in both the men’s and women’s tournaments. Notably, the NCAA requested a hearing on its motion for a temporary restraining order on March 26 “or as soon as possible thereafter.”

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.”