"The challenged terms are clearly similar to the NCAA Basketball Marks, pushing back on DraftKings' argument that the phrases are simply descriptive."
"DraftKings need not refer to 'March Madness' or 'Final Four'... [and] can easily refer to the Tournaments by their common names."
"The seven factors clearly favor the NCAA and indicate a likelihood of confusion."
"Linking the NCAA brand to gambling platforms could damage its image, noting consumers are likely to associate the NCAA with sports betting."
A federal judge ruled that DraftKings can continue using NCAA basketball tournament branding, despite indicating the NCAA likely has a strong case for trademark infringement. The NCAA's request for a temporary restraining order was denied due to lack of demonstrated irreparable harm. The court found that DraftKings' use of terms like 'March Madness' and 'Final Four' closely resembles NCAA's protected marks, potentially misleading users. The judge noted that DraftKings has alternative naming options and emphasized the likelihood of confusion and potential brand dilution for the NCAA.
Read at ReadWrite
Unable to calculate read time
Collection
[
|
...
]