A federal judge in Indiana has rejected the NCAA’s request for a temporary restraining order against DraftKings, allowing the sportsbook operator to continue using trademarks like “March Madness” in its marketing.
Judge Tanya Walton Pratt, the federal judge in question, ruled that the NCAA failed to demonstrate the “immediate and irreparable harm” necessary for an emergency injunction.
The Argument of Long-Standing Use
A primary factor in the court’s decision was the timeline of the association’s action. DraftKings has utilized these tournament-related phrases for over five years. The court viewed the NCAA’s delay in filing the lawsuit as problematic, noting that if the usage was a true emergency, the association would have intervened years ago.
“With further discovery the NCAA may be able to show they are entitled to a preliminary or permanent injunction, and those claims remain pending,” Judge Pratt added.
DraftKings’ Defense of Industry Terminology
DraftKings has consistently argued that these terms have become universally recognized names used by millions of fans and journalists. They characterized the NCAA’s legal complaint as a “manufactured emergency.”
The NCAA, however, remains determined to protect its intellectual property:
“The Association is likely to prevail on the merits in its lawsuit against DraftKings to enforce the NCAA’s valuable trademarks… [we look] forward to proceeding with the next stage of the case, presenting its claims to a jury and obtaining a permanent injunction”.
The broader trademark infringement case will now move into the discovery phase. While DraftKings retains the right to use the terms for the remainder of the 2026 tournament, the future of college sports naming conventions in the betting ecosystem remains a subject of intense legal scrutiny.
