A federal judge has refused to immediately stop DraftKings from using the NCAA’s well-known basketball tournament branding, even while signaling the league is likely to win key parts of its lawsuit.
In a March 26 order, the US District Court for the Southern District of Indiana said the NCAA satisfied most of the legal test for a temporary restraining order. But the request ultimately failed on urgency. As the court put it, “the NCAA has made the requisite showing that three of the four elements necessary for a TRO exists, but… they have not shown irreparable harm.”
Court finds likely DraftKings trademark violation against NCAA
The case, filed earlier this month, accuses DraftKings of trademark infringement, false association, and dilution tied to its use of phrases like “March Madness,” “Final Four,” and “Elite Eight” across its sportsbook.
The judge made clear the claims are still substantial. In the ruling, the court said DraftKings’ wording closely tracks the NCAA’s protected marks and could mislead users. “The challenged terms are clearly similar to the NCAA Basketball Marks,” the judge wrote, pushing back on DraftKings’ argument that the phrases are simply descriptive.
The order also stressed that DraftKings has other options. “DraftKings need not refer to ‘March Madness’ or ‘Final Four’… [and] can easily refer to the Tournaments by their common names,” the judge stated.
Looking at the wider legal test, the court found the balance strongly favored the NCAA. It concluded that “the seven factors clearly favor the NCAA and indicate a likelihood of confusion.”
The judge also sided with the NCAA on dilution concerns. The ruling warned that linking the NCAA brand to gambling platforms could damage its image, noting consumers “are likely to associate the NCAA with sports betting,” despite the organization’s long-standing opposition to wagering tied to college sports.
Still, timing proved decisive. Evidence showed DraftKings had used similar language for years, including “March Madness” as far back as 2021. The court said it was “difficult… to credit the claim” that the NCAA didn’t know, given how aggressively it typically polices its trademarks.
Consequently, the delay undercut the NCAA’s argument that immediate action was necessary. Even short gaps can weaken claims of urgent harm, the court noted, and waiting years made the emergency request hard to justify.
The dispute comes as the NCAA ramps up efforts to control how its trademarks appear in the sports betting and prediction markets space. The organization has also taken action against companies like Kalshi over tournament-related event contracts, arguing that such uses risk blurring its brand and associating it too closely with gambling products.
For now, DraftKings can keep using the contested terms. But the case is far from over, and the court made clear the NCAA could still win longer-term restrictions as the lawsuit moves forward.
Featured image: DraftKings / NCAA
