The NCAA is requesting that a federal court move quickly to resolve its legal dispute against DraftKings over alleged trademark infringement arising from the use of “March Madness”.
According to documents filed in the U.S. District Court for the Southern District of Indiana, the NCAA is asking the federal court to “enter an expedited litigation schedule” for the trial to ensure that the issue is not still being debated by the time the 2027 tournaments come around.
The NCAA is making the request to ensure the case is resolved on the merits before “the cycle” surrounding the NCAA Division I Men’s and Women’s Collegiate Basketball Tournaments restarts in 2027. The governing body of college sports wants the case resolved before next year’s March Madness tournaments, the period when the competition’s marks and logos are at their highest value and engagement peaks.
According to the court documents, an expedited litigation schedule for the case would allow DraftKings to develop and execute its marketing strategies and promotional campaigns ahead of next year’s March Madness. The NCAA believes that if the case is not resolved before the 2027 iteration of the tournaments, later relief on the issue would be “far more disruptive, contested and difficult to implement effectively”.
“A merits decision by early 2027 ensures that any relief granted can be integrated prospectively—before the challenged conduct is fully embedded in DraftKings’s business operations for the upcoming season,” reads the motion.
The NCAA is also attempting to prevent “consumer confusion and irreparable injury to the NCAA’s brands and goodwill”. The NCAA wants a trial to take place in February 2027, with the organization projecting that a jury trial on the matter could take at least 10 days.
NCAA reached out to DraftKings about schedule
The NCAA filed its motion for an accelerated litigation schedule after making previous attempts to discuss a case management plan with DraftKings.
In the motion, the NCAA said it made two attempts to consult with DraftKings about a proposed expedited trial. However, it said it did not “receive a substantive response” from the gaming giant.
“DraftKings’s lack of engagement on scheduling in a time‑sensitive case heightens concern that absent expedited court‑imposed deadlines, these proceedings may be subject to unnecessary delay, further supporting the relief requested herein,” continues the motion.
DraftKings is sued by the NCAA
Last month, the NCAA filed suit against DraftKings for using “March Madness” terminology and logos despite a request not to do so through a cease-and-desist order. The NCAA also took issue with the use of “Sweet Sixteen,” “Elite Eight,” and “Final Four” across DraftKings’ various gaming platforms.
“This causes confusion among NCAA members and student-athletes that the association is involved with and/or endorsing sports betting, which is in direct contradiction to its robust education, integrity monitoring, anti-harassment and advocacy efforts to end risky prop bets,” said the NCAA in a press release to announce its lawsuit against DraftKings.
The NCAA sought a temporary restraining order (TRO) to prevent DraftKings from using the terminology and logos, but a federal judge denied the request. The request was denied with DraftKings arguing fair use and “plain text” regarding its use of NCAA trademarks.
The judge’s order detailed DraftKings use of the term “March Madness” since at least 2021 on its DFS platform, with its sports betting operations leveraging the term in 2023. That use allowed the judge to determine that there is no basis to determine that the NCAA would suffer irreparable injury if a TRO were not issued. The judge also pointed to an affiliate deal forged between DraftKings and the NCAA for her reasoning on the ruling.
The NCAA also asked some of DraftKings’ competitors to stop using March Madness-related marks and logos. Operators including FanDuel, BetMGM and theScore Bet responded to the request by changing the language used on their platforms concerning the annual tournament.
