NCAA Sues DraftKings Over Use Of March Madness Trademarks
The National Collegiate Athletic Association (NCAA) filed a complaint in federal court last week in which they’re requesting an emergency restraining order to stop the online sportsbook DraftKings from using registered trademarks connected to March Madness and the NCAA men’s and women’s basketball tournaments.
According to reports the trademark infringement complaint was filed in the Southern District of Indiana.
It specifically is requesting that DraftKings stops using terms like “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen,” as well as variations of them in sports betting products, campaigns, or marketing.
In the complaint, the NCAA stated that their trademarks are used in order to identify, brand, advertise, and distinguish the tournaments across various broadcast media, digital platforms, merchandise, sponsorships, and licensed commercial activities.
“On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA’s iconic NCAA Basketball Marks, including confusingly similar variations thereof, to trade on – and usurp – the immense goodwill, recognition, and consumer trust embodied in those Marks at the precise moment of peak public attention,” the complaint said.
In the exhibits attached to the complaint, screenshots of DraftKings wagering platforms were used to exemplify the NCAA’s issue.
“DraftKings’s unlawful use quickly proliferated across its consumer-facing websites and mobile applications, embedding the marks and logos into betting menus, promotional graphics, and marketing publications, to deliberately exacerbate consumer confusion and reinforce a false association with or sponsorship by the NCAA in order to continuously capitalize on the goodwill of the NCAA,” the complaint said.
The NCAA also said that it avoids any appearance of affiliation with gambling companies. They’ve declined sponsorships, banned sports betting by athletes and staff, and have publicly made their opposition to prop and micro bets clear.
The NCAA also said that it had launched initiatives to prevent harassment and improper influence in college sports. They’re biggest focus is to maintain integrity when it comes to the sport and competitions as well.
“Every day that DraftKings continues to use these marks, millions of sports fans – and, critically, college students and young adults who are particularly susceptible to gambling harm – are exposed to the false suggestion that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA said in a statement.
Eric Mastrota is a Contributing Editor at The National Digest based in New York. A graduate of SUNY New Paltz, he reports on world news, culture, and lifestyle. You can reach him at eric.mastrota@thenationaldigest.com.