Key Takeaways
Contents
- DraftKings faces allegations of unauthorized use of “March Madness,” “Final Four,” and related NCAA-owned tournament terminology on its betting platform
- An Indiana federal court rejected the NCAA’s preliminary injunction motion, though left open the possibility of success at trial
- NCAA attorneys are pushing for a February 2027 trial date to resolve the matter before the following tournament cycle
- DraftKings countered that the accelerated schedule is impractical and insufficient time exists for proper discovery procedures
- The NCAA has responded with allegations that DraftKings is deliberately delaying proceedings, with a pretrial hearing scheduled for June 1
A contentious trademark infringement lawsuit between the NCAA and DraftKings has evolved into a procedural battle over trial scheduling in Indiana’s federal court system.
On March 20, the NCAA initiated legal proceedings against DraftKings, claiming the sports betting operator improperly utilized trademarked phrases associated with the Division I men’s and women’s college basketball championships. The contested intellectual property includes March Madness, Final Four, and multiple versions of “Sweet Sixteen.”
The U.S. District Court for the Southern District of Indiana rejected the NCAA’s preliminary injunction request. Still, the presiding judge indicated the organization maintains viable claims that could succeed during full trial proceedings.
NCAA Claims Continued Trademark Exploitation Without Expedited Proceedings
The court initially scheduled a pretrial conference for June 1. However, NCAA legal representatives filed a motion on April 15 requesting an accelerated litigation schedule culminating in a February 2027 trial.
According to the NCAA’s argument, maintaining the standard timeline would allow DraftKings to continue capitalizing commercially on the disputed trademarks. The organization asserted that DraftKings’ business practices are intrinsically connected to the yearly rhythm of premier college basketball competitions.
“DraftKings is likely to continue to exploit that cycle, causing ongoing harm to the NCAA,” the motion stated.
The NCAA stressed that consumer interest and engagement reach maximum levels during the March Madness tournament period. According to the organization, postponing trial proceedings would eliminate opportunities to safeguard its intellectual property before another tournament season commences.
The Kentucky High School Athletic Association maintains trademark ownership of Sweet Sixteen and Sweet 16, originally secured for its state-level basketball competitions. The NCAA operates under a licensing arrangement with the KHSAA and has separately registered NCAA Sweet Sixteen and NCAA Sweet 16 trademarks.
DraftKings Challenges Feasibility of Proposed Schedule
In a filing submitted last Thursday, DraftKings vigorously contested the NCAA’s scheduling proposal. Defense attorneys characterized the requested timeline as “unrealistic.”
DraftKings’ legal team argued that even assuming a 10-day trial concluded favorably for the NCAA, subsequent proceedings required to determine final remedies would extend well beyond the proposed timeframe. Therefore, a February trial date would fail to deliver the expedited resolution the NCAA claims to need.
The company further contended that the discovery phase requires substantially more time than the November 13 cutoff date proposed by NCAA lawyers. Discovery encompasses the critical pre-trial period during which parties exchange relevant documents, evidence, and information.
DraftKings emphasized that discovery must encompass the complex, established business arrangements connecting the NCAA, member institutions, athletic conferences, and gaming industry operators. This includes examining the NCAA’s agreement with Genius Sports and direct partnerships the organization maintains with various sportsbooks.
The NCAA submitted a reply brief Monday, characterizing DraftKings’ position as a deliberate attempt to prolong litigation. The organization reiterated its position favoring an accelerated schedule.
NCAA attorneys requested the court at minimum advance the initial pretrial conference to the earliest available slot on the judicial calendar. The organization seeks prompt clarification regarding procedural timelines for both parties.
The pretrial conference currently remains on the court’s calendar for June 1.
