TLDR
- The NCAA is suing DraftKings for using “March Madness,” “Final Four,” and other trademarked terms on its sports betting app without permission
- A federal judge denied the NCAA’s request for a preliminary injunction but said the organization may still prove its case
- The NCAA wants the trial fast-tracked to February 2027 before the next tournament season begins
- DraftKings called the proposed timeline “unrealistic” and says it needs more time for discovery
- The NCAA fired back, accusing DraftKings of stalling, with a pretrial conference currently set for June 1
The NCAA and DraftKings are locked in a legal fight over the use of trademarked phrases like “March Madness” and “Final Four” on sports betting platforms. The dispute is now centered on how fast the case should move through an Indiana federal court.
The NCAA filed suit against DraftKings on March 20, alleging the sportsbook operator used its protected marks tied to the men’s and women’s Division I college basketball tournaments without authorization. The trademarks in question include March Madness, Final Four, and several variations of “Sweet Sixteen.”
A judge in the U.S. District Court for the Southern District of Indiana denied the NCAA’s request for a preliminary injunction. However, the court noted the NCAA could still prevail at trial.
NCAA Argues DraftKings Will Keep Using Its Trademarks
The court originally set a pretrial hearing for June 1. On April 15, NCAA lawyers asked for an accelerated schedule with a trial date in February 2027.
The NCAA argued that without a faster timeline, DraftKings would continue building its business around the use of the trademarked terms. The organization said DraftKings’ conduct is tied to the annual cycle of college basketball’s biggest events.
“DraftKings is likely to continue to exploit that cycle, causing ongoing harm to the NCAA,” the motion stated.
The NCAA emphasized that consumer engagement peaks during March Madness. It said delaying the trial would deprive the organization of a chance to protect its rights before the next tournament season.
The Kentucky High School Athletic Association holds the trademark for Sweet Sixteen and Sweet 16, which it originally registered for its state basketball tournaments. The NCAA has a licensing deal with the KHSAA and has also trademarked NCAA Sweet Sixteen and NCAA Sweet 16.
DraftKings Says the Timeline Is Unrealistic
DraftKings responded last Thursday, pushing back hard on the proposed schedule. Its lawyers called the NCAA’s request “unrealistic.”
DraftKings argued that even if a 10-day trial ended in the NCAA’s favor, the court would still need lengthy proceedings afterward to determine a final resolution. That means a February trial would not deliver the quick outcome the NCAA is seeking.
The company also said the discovery period needs more time than the November 13 deadline the NCAA proposed. Discovery is the phase where both sides exchange key evidence and information before trial.
DraftKings pointed out that discovery would need to cover the longstanding commercial relationships between the NCAA, its member schools, athletic conferences, and the gaming industry. That includes the NCAA’s deal with Genius Sports and partnerships directly with sportsbooks.
The NCAA filed a reply on Monday, accusing DraftKings of trying to stall the process. The organization repeated its call for a faster timeline.
The NCAA asked the court to at least move up the initial pretrial conference to the earliest available date. The organization wants both sides to have clarity on the schedule as soon as possible.
The pretrial conference remains set for June 1.
