TLDR The NCAA filed a federal lawsuit against DraftKings for using “March Madness” and other registered trademarks without permission on its sports betting app. The NCAA is seeking a temporary restraining order before the Sweet 16 games begin next week, plus triple damages or triple profits. DraftKings responded by claiming its use of “March Madness” is protected under fair use and the First Amendment. The NCAA has refused partnerships with sportsbooks, unlike the NBA, NFL, NHL, and MLB, and wants states to ban certain college game wagers. Other sportsbooks like BetMGM were also using the term, while FanDuel quietly changed its label from “March Madness” to “NCAAB.”
The NCAA filed a lawsuit in federal court on Friday against DraftKings, accusing the sportsbook of using “March Madness” and other registered trademarks without permission on its betting app.
The complaint was filed in the U.S. District Court for the Southern District of Indiana. It came on just the second day of the NCAA Men’s Basketball Tournament.
The 37-page filing claims DraftKings removed only some references to the protected terms when the NCAA first asked. The NCAA says continued use causes “irreparable harm” to its reputation.
The governing body is now seeking a temporary restraining order. It wants the order in place before the Sweet 16 games tip off next Thursday.
The NCAA is also asking for financial compensation. That includes attorneys’ fees and either triple the damages suffered or three times the profits DraftKings made from the alleged misuse.
DraftKings Defends Its Position With Fair Use Claim
DraftKings pushed back on the lawsuit in a statement issued Saturday morning. The company said its use of “March Madness” falls within fair use standards.
A DraftKings spokesperson said the term is used in plain text to identify the tournament, not as