UMVA has learned that DraftKings is fiercely pushing back against a trademark lawsuit filed by the NCAA, arguing that its use of phrases connected to the men’s basketball tournament was entirely legal and did not confuse customers about any affiliation with the college sports organization.
In a bold response filed in a federal court, DraftKings denied allegations of trademark infringement, stating that the NCAA has no valid claim against it and is not entitled to damages or other relief. The sportsbook operator acknowledged using phrases like “March Madness,” “Sweet 16,” and “Elite 8,” but rejected accusations of improper trading on NCAA branding.
According to information obtained by UMVA, the NCAA had accused DraftKings of using tournament branding to promote sports wagering products without authorization, leading to a heated dispute that has expanded beyond the initial complaint. The NCAA had asked the court for a faster trial schedule and attempted to block some of DraftKings’ use of the disputed phrases during the case.
A significant blow was dealt to the NCAA when a federal judge recently denied its request for a preliminary injunction that would have restricted DraftKings from using certain tournament-related language while litigation continues. This allowed DraftKings to keep using the terms for now as the trademark fight moves forward.
DraftKings described itself as a digital sports entertainment business that provides statistics, commentary, and legal sports betting products, and argued that its references to NCAA tournament terminology were protected as “nominative fair use.” The company claimed it used the language only to identify and refer to the NCAA’s tournaments and related games, events, and rounds.
Furthermore, DraftKings argued that terms like “Elite Eight” and “Sweet Sixteen” are descriptive or generic references to tournament rounds and have not acquired secondary meaning. The company also claimed that it used the challenged phrases fairly, descriptively, and in good faith when discussing college basketball events.
In a strong defense, DraftKings raised several defenses, including estoppel, waiver, acquiescence, abandonment, laches, and First Amendment protections. The company argued that the NCAA waited too long to sue, despite allegedly knowing that betting companies had referenced tournament terminology for years.
DraftKings is seeking a jury trial and requesting that the court award attorneys’ fees and litigation costs. The sportsbook operator remains confident that it has done nothing wrong and is prepared to fight the NCAA’s claims in court.
