DraftKings is pushing back hard against the NCAA’s trademark lawsuit, telling a federal court the sports betting company legally used phrases connected to the men’s basketball tournament and did nothing that would confuse customers about any relationship with the college sports organization.
In a response filed in the U.S. District Court for the Southern District of Indiana and seen by ReadWrite, the sportsbook operator denied allegations that its promotions and betting products improperly traded on NCAA branding. The company said the NCAA “has no valid claim against it” and argued the association is not entitled to damages or other relief.
DraftKings acknowledged using phrases tied to the tournament, including “March Madness,” “Sweet 16,” “Elite 8,” “Final 4,” and “March Mania.” Still, the company rejected accusations involving trademark infringement, unfair competition, dilution, and false association under the Lanham Act.
The NCAA filed suit earlier this year after accusing DraftKings of using tournament branding to promote sports wagering products without authorization. The dispute quickly expanded beyond the initial complaint, with the NCAA later asking the court for a faster trial schedule and attempting to block some of DraftKings’ use of the disputed phrases during the case.
DraftKings fights NCAA trademark claims in court over tournament branding
A federal judge recently denied the NCAA’s request for a preliminary injunction that would have restricted DraftKings from using certain tournament-related language while litigation continues. This allowed the company to keep using the terms for now as the trademark fight moves forward.
DraftKings described itself in court filings as a digital sports entertainment business that provides statistics, commentary, editorial material, analysis, and legal sports betting products where allowed by law.
The company argued its references to NCAA tournament terminology were protected as “nominative fair use” because the language was used only “to identify and refer to the NCAA’s tournaments and related games, events, and rounds, including in connection with lawful sports wagering offerings and editorial, analytical, informational, and expressive content published on DraftKings Network.”
DraftKings also claimed the challenged phrases were used “fairly, descriptively, and in good faith” when discussing college basketball events. The company further argued that terms such as “Elite Eight” and “Sweet Sixteen” are descriptive or generic references to tournament rounds and “have not acquired secondary meaning.”
Elsewhere in the filing, DraftKings admitted it “does not have any affiliation or sponsorship with the NCAA” while denying other allegations connected to consumer confusion.
The sportsbook operator also raised defenses tied to estoppel, waiver, acquiescence, abandonment, laches, and First Amendment protections. DraftKings argued the NCAA waited too long to sue despite allegedly knowing betting companies had referenced tournament terminology for years.
The company requested a jury trial and asked the court to award attorneys’ fees and litigation costs.
Featured image: NCAA / DraftKings
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