DraftKings says it has used 'March Madness,' other terms for 5 years in response to NCAA complaint
DraftKings says it has been using “March Madness” and other familiar terms to refer to the NCAA Tournament for more than five years and has the legal right to do so
DraftKings has been using “March Madness” and other familiar terms to refer to the NCAA Tournament for more than five years and has the legal right to do so, the sportsbook said in a court filing Wednesday in response to a complaint filed by the NCAA last week.
The NCAA is seeking an emergency temporary restraining order to stop DraftKings from using registered trademarks associated with its men’s and women’s basketball tournaments.
The complaint for trademark infringement, filed in the Southern District of Indiana, requests that DraftKings stop using “March Madness,” “Final Four,” “Elite Eight” and “Sweet Sixteen” and variations of those terms to promote its business.
In its response, DraftKings described those terms as “the universally recognized names for the tournaments and their rounds, used by millions of college basketball fans, journalists, and participants in the sports-betting ecosystem. They are the same words used by other online sportsbooks, who have not been singled out by the NCAA’s fevered complaint.”
DraftKings said the NCAA had asked for the restraining order “based on a contrived and manufactured ‘emergency,’” and it noted that the NCAA has a commercial agreement with a company whose business is providing in-game data to sportsbooks.
Recommended for you
The NCAA said it actively avoids any appearance of affiliation with gambling and said in the complaint that DraftKings’ use of the terms confuses customers by making it appear the NCAA is on board.
DraftKings said its use of the terms is protected under the First Amendment, arguing the NCAA's trademark claim would fail on the merits.
“No trademark gives any organization the right to monopolize the language fans, players, journalists, and sportsbooks use every day to accurately refer to college basketball tournaments,” the company said in a statement.
Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Keep the discussion civilized. Absolutely NO
personal attacks or insults directed toward writers, nor others who
make comments. Keep it clean. Please avoid obscene, vulgar, lewd,
racist or sexually-oriented language. Don't threaten. Threats of harming another
person will not be tolerated. Be truthful. Don't knowingly lie about anyone
or anything. Be proactive. Use the 'Report' link on
each comment to let us know of abusive posts. PLEASE TURN OFF YOUR CAPS LOCK. Anyone violating these rules will be issued a
warning. After the warning, comment privileges can be
revoked.
Please purchase a Premium Subscription to continue reading.
To continue, please log in, or sign up for a new account.
We offer one free story view per month. If you register for an account, you will get two additional story views. After those three total views, we ask that you support us with a subscription.
A subscription to our digital content is so much more than just access to our valuable content. It means you’re helping to support a local community institution that has, from its very start, supported the betterment of our society. Thank you very much!
(0) comments
Welcome to the discussion.
Log In
Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.