NCAA Says DraftKings Must Stop Using the March Madness Branding

The National Collegiate Athletic Association (NCAA) filed an official complaint with a federal court on Friday, March 20, asking for the suspension of the use of the “March Madness” branding by DraftKings. 

The complaint argues that the sportsbook ought to stop using registered trademarks that are part of the NCAA men’s and women’s basketball tournaments. 

NCAA Says DraftKings Uses Its Trademarked Brands

The NCAA has specified the names and branding that need to be avoided by DraftKings, and for which it seeks the legal suspension, including “March Madness,” “Final Four,” “ Elite Eight,” and “Sweet Sixteen,” used to refer to the different stages of the competition, which generates massive overall gambling revenue. 

The NCAA further wants these terms not to be used in any of the company’s sports betting products, promotional campaigns, or marketing, the complaint specifies. In its complaint, the NCAA went on to address the issue thus:

“On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA’s iconic NCAA Basketball Marks, including confusingly similar variations thereof, to trade on, and usurp, the immense goodwill, recognition, and consumer trust embodied in those Marks at the precise moment of peak public attention.” 

The NCAA argued that DraftKings had no actual rights to incorporate the branding and imagery of the NCAA’s tournaments and assets into its consumer-facing websites and apps to “deliberately exacerbate consumer confusion and reinforce a false association with or sponsorship by the NCAA in order to continuously capitalize on the goodwill of the NCAA.” 

DraftKings has objected to the complaint and its specific framework, arguing that the company never intended – or indeed had been using – the “March Madness” branding, but rather, used it as a “plain text” and as a “ fair use,” drawing parallels with how other tournaments are displayed. 

DraftKings Objects, Says Fair Use

“This is protected speech under the First Amendment and is not a violation of any brand’s trademark. We are confident that the courts will deny this request for an injunction,” the company insisted. 

The NCAA has insisted that such use must end as it exposes millions of vulnerable sports fans and, critically, college students and young adults to gambling harm. 

“[They] exposed to the false suggestion that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA concluded.
The NCAA has been looking out to protect athletes from betting-related abuse as well as minimize the room for match-fixing by urging gambling industry stakeholders to ban proposition betting on college-level games.