It looks like more than brackets are getting busted this March. This week’s BL Business Branding Newsletter highlights a fast-moving trademark dispute between the NCAA and sports betting giant DraftKings. At the center of the case is DraftKings’ alleged use of some of the most recognizable phrases in college basketball, including “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen.”
According to a complaint filed in the U.S. District Court for the Southern District of Indiana, the NCAA is seeking an emergency restraining order to block DraftKings from using its registered March Madness tournament trademarks in connection with sports betting products, promotions, and marketing campaigns. The NCAA argues that these marks are not just descriptive phrases, but brand identifiers that distinguish its tournaments across media broadcasts, digital platforms, merchandise, sponsorships, and licensed partnerships.
The NCAA alleges that DraftKings began using these terms and similar variations just as the tournament tipped off, putting them on betting menus, promotional graphics, and in-app marketing. In the filing, the association claims this was a deliberate attempt to make a run on the recognition associated with its events, potentially misleading consumers into believing there is an official partnership or endorsement between the tournament and the sports betting giant.
DraftKings, however, strongly disputes these claims. The company maintains that its use of terms like “March Madness” falls under fair use, arguing that it is just using plain language to accurately describe the events on which users can place bets. DraftKings has also pointed to First Amendment protections, asserting that referencing the widely known tournament names in this context is not trademark infringement, but rather for descriptive use, similar to how other sporting events are identified on its platform.
The NCAA’s position is also shaped by its stance on sports betting. The organization has distanced itself from gambling partnerships, implementing strict policies that prohibit athletes and staff from betting and actively opposing certain types of wagers. In its complaint, the NCAA emphasizes concerns about consumer confusion, particularly among younger audiences, and the potential for its brand to be associated with an industry it has intentionally distanced itself from.
What Can Businesses Learn From This?
The NCAA’s lawsuit is far from a slam dunk and highlights the fine line between trademark infringement and fair use, especially when dealing with widely recognized phrases that double as both brand identifiers and common language. Even if a term feels descriptive, it may still be subject to strong trademark protections.
It also reinforces the importance of context. Using a trademark to reference a product or event may be okay in some cases, but integrating it into branding, promotions, or revenue-generating activities can quickly cross into risky territory. Businesses operating in similar industries should be especially cautious during major events when trademark enforcement is often at its peak.
Need guidance on how to protect your brand? Reach out to our BL Trademark Team by contacting Seth Berenzweig at sberenzweig@berenzweiglaw.com.