The NCAA’s bid to prevent DraftKings from using trademarked assets associated with the association’s men’s and women’s basketball tournaments has fallen short after a federal judge weighed in on the case and found insufficient evidence of "irreparable harm."
The decision came on Thursday, March 26, after the NCAA had filed a motion for a temporary restraining order against the sports betting companies, hoping to restrict its use of phrasing such as "March Madness," "Final Four, "Elite Eight," and "Sweet Sixteen" to promote various aspects of its business.
The NCAA argued that its reputation is at stake by seeing its intellectual property associated with gambling operations.
However, DraftKings has strongly objected to this interpretation and said that the assets were used as "plain text" only to refer to what are "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."
Judge Tanya Walton Pratt sided with DraftKings, confirming that there was not enough evidence to prove "irreparable harm."
"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 concluded.
DraftKings has a point in arguing that it is not specifically using the trademarked assets, but rather a way to describe the events by their name.
The NCAA, though, appears poised to continue pushing its case, as the association previously targetedKalshi with a similar request, asking the prediction market platform to refrain from the use of its trademarked assets.
For its part, the NCAA has been determined to disassociate itself from any gambling relations. The association argued time and again that it would not team up with any gambling platforms in the United States or beyond, citing fears over the integrity of the game
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