The basketball court wasn’t the only court on which the NCAA could be found competing late last week. Lawyers representing the governing body of U.S. college sports were in federal court in the Southern District of Indiana on Friday,
filing suit against DraftKings sportsbook
for trademark infringement.
At issue was the use by the online sports betting site of such college basketball trademarked phrases as March Madness, Sweet Sixteen, Elite Eight, and Final Four in DraftKings sports betting products, promotional campaigns, and marketing material.
The complaint went on to point out that these NCAA trademarks are utilized to identify, brand, advertise, and distinguish the NCAA men’s and women’s basketball tournaments across broadcast media, digital platforms, merchandise, sponsorships, and licensed commercial activities.
“On the eve of the Tournaments, DraftKings deliberately adopted and prominently began using the NCAA’s iconic NCAA Basketball Marks, including confusingly similar variations thereof, to trade on – and usurp – the immense goodwill, recognition, and consumer trust embodied in those Marks at the precise moment of peak public attention,” read the complaint filed by the NCAA.
Lawyers for the NCAA supplied evidence of screenshots of the DraftKings betting platforms that featured the trademarked phrases.
“DraftKings’s unlawful use quickly proliferated across its consumer-facing websites and mobile applications, embedding the marks and logos into betting menus, promotional graphics, and marketing publications, to deliberately exacerbate consumer confusion and reinforce a false association with or sponsorship by the NCAA in order to continuously capitalize on the goodwill of the NCAA,” continued the complaint filed by lawyers representing the NCAA.
The NCAA strives to distance itself from online betting sites
While most pro sports organizations are forming partnerships with the online betting sites in the U.S. legal and regulated market, the NCAA strives to separate itself from any semblance of an appearance that it is in any way affiliated with betting companies. The organization has steadfastly declined sportsbook sponsorships, banned sports betting by athletes and staff and publicly stated its opposition to prop bets and micro-bets on college sports.
The NCAA has also put into place several initiatives designed to help prevent harassment and improper influence of players and staff in college sports. These initiatives are set out specifically to preserve the integrity of NCAA competition.
NCAA lawyers argued that by using these trademarked phrases to help promote betting on college basketball’s major tournaments, it is giving off the impression that NCAA is supporting the DraftKings product.
“Every day that DraftKings continues to use these marks, millions of sports fans – and, critically, college students and young adults who are particularly susceptible to gambling harm – are exposed to the false suggestion that the Association has authorized or endorsed DraftKings’ gambling platform,” the NCAA said in a statement.
The NCAA is requesting that the court issue an emergency temporary restraining order against DraftKings using the trademarked terms.
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