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A federal judge has refused the NCAA’s request to immediately stop DraftKings from using some of college basketball’s most recognizable tournament names.
The ruling, handed down Thursday in the Southern District of Indiana, denied a temporary restraining order that would have barred the sportsbook from promoting its business with terms such as “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen.”
Judge Tanya Walton Pratt said the NCAA had not shown that DraftKings’ use of the phrases would cause irreparable harm. In her order, she noted that the association could still pursue a preliminary or permanent injunction once more evidence is presented.
“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 in an AP report.
NCAA confidence in case despite ruling
Even though the judge refused to grant a temporary restraining order, the NCAA has made it clear that it is not backing down.
DraftKings has argued that its use of tournament phrases falls under fair use and is protected by the First Amendment, but the NCAA insists the issue is about consumer confusion. The association believes that linking its trademarks to betting could mislead fans into thinking there is an official connection between the NCAA and the sportsbook.
After the ruling, the NCAA pointed to the court’s own acknowledgment that confusion is possible and that DraftKings’ use of the marks appears designed to benefit from the tournaments’ reputation.
With that in mind, the association is preparing to press forward through discovery, and, if necessary, a jury trial. While DraftKings can continue using the terms during the 2026 tournaments, the case remains active in the Southern District of Indiana, and the possibility of a permanent injunction still hangs over the dispute.
