DraftKings fends off early NCAA bid to block use of 'March Madness'

Reuters03-28 01:21

By Blake Brittain

March 26 (Reuters) - DraftKings DKNG.O can continue to use the phrase "March Madness" for now amid a lawsuit by the National Collegiate Athletic Association accusing the sports-betting platform of infringing its trademarks, a judge ruled.

U.S. District Judge Tanya Pratt on Thursday rejected the NCAA's argument that letting DraftKings use "March Madness," "Final Four" and other marks on its site during the famed NCAA college basketball tournament would cause the association irreparable harm by falsely connecting it with gambling.

Pratt said that the NCAA had made a strong trademark infringement case but had not shown the irreparable harm necessary for its requested temporary restraining order.

DraftKings said in a statement that the decision was "a victory for DraftKings, sports fans, and common sense." Spokespeople for the NCAA did not immediately respond to a request for comment on Friday.

The tournament, which determines the U.S. men's and women's collegiate national basketball champions, started earlier this month and resumed Thursday night. The gambling industry trade group American Gaming Association estimated that Americans would bet $3.3 billion on March Madness games this year.

The NCAA sued DraftKings on March 20, seeking to bar it from using trademarked phrases related to the tournament including "March Madness," "Final Four," "Elite Eight" and "Sweet Sixteen." It said DraftKings began misusing its trademarks "on the eve of the tournaments," falsely associating the group with the site and tarnishing its reputation.

DraftKings responded in court that it has been openly using the marks since 2021.

"In the middle of March Madness, the NCAA rushed to court last Friday night, professing itself 'shocked—shocked to find that gambling is going on in here!,'" DraftKings said in its March 25 filing. "Like Captain Renault in Casablanca, the NCAA feigns surprise at conduct it has long known about and tacitly accepted."

DraftKings also argued that the NCAA cannot block it from using "March Madness," "Final Four" and related terms because they have become "embedded in our cultural lexicon, used in the same way by broadcasters, journalists, fans, and businesses to refer to a sporting phenomenon and a shared national moment."

The case is National Collegiate Athletic Association v. DraftKings Inc, U.S. District Court for the Southern District of Indiana, No. 1:26-cv-557.

For the NCAA: Lee Marshall and Matt Minder of Bryan Cave Leighton Paisner; Ryan Hurley of Faegre Drinker Biddle & Reath

For DraftKings: Orin Snyder, Ilissa Samplin, Thomas Dupree, Howard Hogan and Jacob Spencer of Gibson Dunn & Crutcher; Megan Bannigan, David Bernstein and Jared Kagan of Debevoise & Plimpton

NCAA sues to block DraftKings from using 'March Madness' trademarks

(Reporting by Blake Brittain in Washington)

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DraftKings fends off early NCAA bid to block use of 'March Madness'

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