The Courtside Battle: NCAA v. DraftKings Trademark Dispute

As the men’s and women’s NCAA basketball tournaments reach their most-watched stages this weekend, a legal contest has been simultaneously unfolding off the court. Shortly after the start of the 2026 college basketball tournaments, the National Collegiate Athletic Association (“NCAA”) filed a lawsuit in the Southern District of Indiana against DraftKings, one of the largest sports entertainment and online gaming operators in the United States.

The NCAA alleges that DraftKings is using several of its famous tournament trademarks – including MARCH MADNESS®, FINAL FOUR®, ELITE EIGHT® and SWEET SIXTEEN® – to promote its betting platform without authorization. The NCAA sought an emergency temporary restraining order (“TRO”), permanent injunctions and monetary damages.

The litigation has moved quickly alongside the tournament schedule. Following the NCAA’s request for an emergency TRO, the court held a hearing on March 26, 2026, denying the motion.

Regardless of this outcome, the case represents a high-profile test of brand control and the boundaries of fair use in the sports betting era.

What the NCAA Claims

According to the complaint, DraftKings has incorporated NCAA tournament marks – and confusingly similar variations such as “MARCH MANIA” – into its betting menus, mobile app interfaces and marketing content. The lawsuit is built on three core claims under the federal Lanham Act:

1. Trademark Infringement (Section 32): The NCAA alleges that DraftKings has used its registered marks without authorization in a way that is intended to, and does, cause consumer confusion by falsely suggesting NCAA approval, affiliation or sponsorship.
2. False Association/Unfair Competition (Section 43(a)): The NCAA further claims that DraftKings’ use of these marks creates a misleading impression that the sportsbook is connected to or endorsed by the NCAA – a particularly harmful implication given the association’s longstanding policy of avoiding any affiliation with sports betting operators.
3. Trademark Dilution (Section 43(c)): The NCAA asserts that its tournament marks are famous and distinctive, and that DraftKings’ use of them in connection with gambling “dilutes” and specifically “tarnishes” their reputation by linking the NCAA brand to betting activity the organization has expressly rejected.

The DraftKings Defence

In response, DraftKings has contested the NCAA’s claims and argued that its conduct is lawful. Specifically, the company argues the following:

• Fair Use: DraftKings contends that its references to the tournament names qualify as a fair use – a doctrine that permits limited use of another party’s trademark under certain circumstances. The company maintains that it uses the terms in plain text solely to identify the NCAA tournament for bettors, which is a descriptive use it says is necessary to communicate what games are available. DraftKings also notes that it has used these terms for more than five years without objection.
• First Amendment Protection: DraftKings contends that the NCAA cannot “monopolize” the common language used by millions of fans, journalists and broadcasters to describe the tournament.

Why This Matters

While the dispute turns on trademark law principles, its implications extend more broadly across the sports and entertainment landscape in the following areas:

• Increasing Control Over Event Branding: Sports organizations are continuing to assert tighter control over how their event names and branding are used, particularly in adjacent commercial markets such as sports betting.
• Tension Between Betting Platforms and Leagues: As legalized sports betting expands, questions around how operators can reference leagues, teams and events – without formal partnerships – are becoming more prominent.
• Scope of “Fair Use” in Sports Contexts: This case may provide further guidance on how fair use applies where betting operators reference sporting events to describe wagering opportunities without implying affiliation.

Looking Ahead

This case reflects the evolving legal landscape at the intersection of sports, commercialization and gaming. For industry participants – including leagues, teams, sponsors and betting operators – this dispute underscores the importance of carefully navigating branding, licensing and marketing strategies in a rapidly changing environment.

The Sports, Media & Entertainment Group at Aird & Berlis LLP assists clients in navigating contracts, transactions, regulations, disputes and more. The firm’s Intellectual Property Group assists clients with the domestic and international protection, management and enforcement of IP rights, including trademarks and branding.

This article is for informational purposes only and should not be construed as legal advice. While this article highlights U.S. legal claims and defences, Aird & Berlis lawyers are licensed to practise law in Canada and do not provide U.S. legal advice.