The NCAA will get its first courtroom test this week in its trademark fight with DraftKings, after a federal judge in Indiana set a Thursday hearing on the association’s request for a temporary restraining order. The case centers on DraftKings’ use of terms including March Madness, Final Four, Elite Eight, and Sweet Sixteen on its sportsbook during the men’s and women’s basketball tournaments.
The NCAA is arguing that sportsbook use of those marks creates a false suggestion of endorsement at the exact moment when tournament betting volume is peaking, while DraftKings is defending the language as fair use and protected speech. The NCAA is also seeking damages in addition to injunctive relief.
Thursday’s hearing will decide whether DraftKings must stop using the marks during the tournament
Judge Tanya Walton Pratt scheduled the hearing for Thursday at noon ET in Indianapolis, with each side receiving one hour to argue and no witnesses expected to testify. That timing puts the emergency request in front of the court just hours before the Sweet 16 resumes, giving the NCAA a chance to win immediate relief while the tournament is still in progress.
The NCAA filed suit on March 20 in the Southern District of Indiana, saying DraftKings had adopted its tournament branding and similar phrasing in sportsbook products and marketing without authorization. The association says that use trades on the value of its marks while confusing consumers about whether the organization has approved or partnered with the betting operator.
The NCAA is tying its trademark case to revenue, sponsorship value, and gambling policy
A declaration filed by senior vice president Dan Gavitt says the tournament marks are a primary source of income for the NCAA and help support the expenses tied to its 92 championships. The filing also points to the association’s corporate sponsorship program, which gives paying partners licensed access to some of the most commercially valuable brands in U.S. sports.
The NCAA’s current advertising standards bar sports wagering and companies primarily involved in gambling or gaming business activities from NCAA event association and promotion. The organization has also said publicly that it has no sportsbook partnerships and does not want betting linked to its championships or athletes.
The immediate question is whether the court sees this as infringement or fair use
DraftKings has argued that it is not using March Madness as a trademark, but as descriptive text to identify the games and tournaments available on its app. That defense puts the focus on whether the court believes the language simply identifies the event, or whether it crosses into branding that implies an NCAA relationship DraftKings does not have.
The NCAA has won a fast hearing, and Thursday’s arguments will determine whether DraftKings can keep using the disputed tournament terms while the case moves forward.
