NCAA vs. DraftKings: A March Madness Trademark Showdown

By Wei Wei Jeang

March Madness is in full swing — and so is a high-stakes trademark battle. On March 21, 2026, the NCAA filed suit against DraftKings in federal court, accusing the company of trademark infringement and dilution for using iconic phrases such as "March Madness," "Final Four," "Elite Eight," and "NCAA Sweet Sixteen" to market its gambling products — without the NCAA's permission.

The NCAA is asking for an emergency temporary restraining order seeking to immediately stop the Company's use of those marks. The timing is urgent: the Men's Sweet Sixteen tips off this Thursday, and the Women's Sweet Sixteen begins Friday.

NCAA's Assertions

The NCAA holds federal trademark registrations for these well-known marks and argues that DraftKings has deliberately used them — including embedding the marks directly into betting menus — to create a false impression that the NCAA has endorsed or affiliated itself with DraftKings' gambling platform. The NCAA contends this causes irreparable harm to its brand, particularly given that the organization has actively opposed sports betting, rejected sponsorship offers from sportsbooks, and lobbied against prop bets and micro-bets that put college athletes at risk.

DraftKings' Response

DraftKings pushed back by arguing that it uses these phrases not in a trademark sense and that its use of these marks is fair use — the same way broadcasters and media outlets reference tournament names to identify the event, not to suggest an official sponsorship. The company believes this is protected speech under the First Amendment and has signaled it will vigorously defend against this legal challenge.

Why This Case Matters

This lawsuit highlights a fundamental tension in trademark law: the line between trademark use (which requires a license) and descriptive or informational use (which may or may not be protectable fair use). Unlike trademark infringement, which turns on whether the parties' goods or services overlap, trademark dilution applies regardless of whether the products compete. Courts will also examine whether consumers are likely to be confused into thinking the NCAA endorsed DraftKings — a key test in trademark infringement cases.

For businesses, this is a timely reminder that famous marks don't lose their protection just because they've become part of everyday language. Unauthorized commercial use of a well-known brand — especially in a context the brand owner actively opposes — can expose a company to significant legal liability.

Fulton Jeang trademark attorneys have expertise in helping our clients build, protect, and enforce their trademark portfolios. Whether you are a brand owner concerned about unauthorized use of your marks or a company seeking guidance on what constitutes permissible use of third-party marks, we are here to help. Contact us at info@fultonjeang.com.