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The NCAA’s bid for a temporary restraining order against DraftKings has been denied by a federal court amid ongoing litigation over the use of NCAA trademarks.
On Thursday, the U.S. District Court for the Southern District of Indiana ruled that the NCAA failed to demonstrate a “likelihood of irreparable harm.” The court noted the delay in filing the suit, pointing out that DraftKings has used protected terms like “March Madness” for several years.
Consequently, the sports betting platform remains free to use the trademarks through the conclusion of the tournament on Monday.
The judge indicated, however, that with additional evidence, the NCAA may yet succeed in securing a preliminary or permanent injunction against the company.
Court finds merit in NCAA’s argument
A central pillar of DraftKings’ legal strategy is the claim that no viable substitutes exist for terms such as “March Madness” and that their use is purely referential. While the NCAA proposed alternatives like “NCAA Tournament” or “Division I Men’s Basketball Tournament,” DraftKings argued those terms are too ambiguous for consumers.
The court disagreed with DraftKings on this point, lending credence to the NCAA’s argument that alternative language is available for sportsbooks to use when referencing collegiate events.
Why only DraftKings was sued
Although DraftKings is the only sportsbook named in the lawsuit, the company noted in its defense that numerous other betting apps utilize NCAA trademarks.
While the NCAA did not explain why it singled out DraftKings for litigation, the association stated it has contacted the other sportsbooks identified by DraftKings to request that they cease using the trademarked terms.
“In the NCAA’s declaration filed this morning, their associate counsel states that they have now contacted all of the above betting platforms to execute a cessation of the uses described above,” Thursday’s ruling stated, according to news by Legal Sports Report. “At the hearing, NCAA’s counsel reported that some of the examples are cached images that are no longer being used and some were just random social media posts by individuals.”
