INDIANAPOLIS (AP) — A federal judge on Thursday denied the NCAA’s motion for a temporary restraining order to stop DraftKings from using registered trademarks associated with its men’s and women’s basketball tournaments.
The complaint for trademark infringement, filed in the Southern District of Indiana last week, requested that DraftKings stop using “March Madness,” “Final Four,” “Elite Eight” and “Sweet Sixteen” and variations of those terms to promote its business.
Judge Tanya Walton Pratt ruled the NCAA did not show how the online sports wagering platform’s use of the terms would cause 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,” Pratt wrote.
DraftKings has been using “March Madness” and other familiar terms to refer to the NCAA Tournament for more than five years and has the legal right to do so, the sportsbook said in a court filing Wednesday in response to a complaint filed by the NCAA last week.
The NCAA has said it actively avoids any appearance of affiliation with gambling and said in the complaint that DraftKings’ use of the terms confuses customers by making it appear the NCAA is on board.
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