Overview
- The NCAA filed a federal complaint in the Southern District of Indiana seeking a temporary restraining order to stop DraftKings from using tournament brands on its betting platforms and marketing.
- The disputed marks include March Madness, Final Four, Elite Eight and Sweet Sixteen, which the NCAA says identify and distinguish its men’s and women’s basketball championships.
- Court exhibits show screenshots from DraftKings’ apps and sites, and the NCAA argues the use falsely suggests association or endorsement and risks harm to college students and young adults.
- DraftKings counters that it uses the terms in plain text as descriptive fair use protected by the First Amendment, saying it removed some instances but maintains the right to reference the tournaments.
- U.S. District Judge Tanya Walton Pratt is presiding, the NCAA has requested briefing beginning Monday with a response by midweek, and no injunction has been issued as the Sweet 16 approaches.