Judge Allows DraftKings Temporary Use of NCAA Terms Amid Legal Dispute
A federal judge has issued a preliminary injunction that permits DraftKings to continue using NCAA trademarks and terms in its daily fantasy sports contests while the ongoing trademark infringement lawsuit is resolved. The injunction allows DraftKings to reference NCAA-related terms, including 'March Madness,' in its promotional and contest materials for the time being. The NCAA initiated legal action against DraftKings in March 2023, alleging trademark infringement and unfair competition related to the use of NCAA marks. DraftKings defended its use of these terms by claiming it constitutes protected expressive content under the First Amendment. This recent court order preserves the status quo by allowing DraftKings to maintain its current marketing and contest operations involving NCAA terminology until the court delivers a final ruling on the dispute. The case highlights ongoing tensions in the intersection of sports trademarks and fantasy sports industry practices.