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Judge Lets DraftKings Keep NCAA Tournament Terms in Play for Now

March 30, 2026 at 4:01 pm

Credit: Jonathan Weiss / Shutterstock.com

A federal judge has denied the NCAA’s request for an emergency order against DraftKings, which means the sportsbook can keep using phrases like “March Madness,” “Final Four,” “Elite Eight,” and “Sweet Sixteen” while the trademark case rolls on.

Emergency Request Comes Up Short

The NCAA went to federal court in Indiana looking for a temporary restraining order that would force DraftKings to stop using its tournament-related trademarks during this year’s college basketball action.

Judge Tanya Walton Pratt declined to grant that relief, finding that the NCAA did not clear the bar for urgent court intervention. In plain English, the judge was not convinced the association had shown the kind of immediate, irreparable harm needed to justify hitting the brakes right away.
Pratt also made clear this is not the end of the road. The NCAA’s claims are still alive, and the association could still push for a preliminary or permanent injunction later in the case.

Timing Became a Problem for the NCAA

One detail appears to have done real damage to the NCAA’s emergency request: DraftKings has been using some of the disputed language for more than five years.

That matters because courts tend to ask a simple question in cases like this. If the harm is truly urgent, why wait so long to ask for immediate relief?

That delay weakened the NCAA’s argument that it needed a fast ruling in the middle of the tournament. So for now, DraftKings gets to leave its current branding and promotions in place.

Fair Use Fight Is Far From Over

DraftKings has argued that its use of the terms is lawful, leaning on fair use and First Amendment protections. The company’s position is that it can refer to widely known tournament names in sportsbook content without implying an official partnership.

The NCAA sees it very differently. It says DraftKings is using some of college sports’ most recognizable trademarks in a way that could make consumers think there is a formal tie between the two sides.

That consumer-confusion issue could still become a major part of the case. The judge signaled that with more evidence, the NCAA may yet have a path to stronger relief.

What This Means for Bettors Right Now

For the average bettor, this ruling changes exactly nothing today. DraftKings can keep using the contested tournament terms across the current college basketball cycle, so players are unlikely to notice any shift in how markets, promos, or tabs are labeled.

The bigger question is what happens later. Discovery now comes next, with both sides gathering evidence and sharpening their arguments. If the NCAA builds a stronger record, the court could still step in before the case reaches trial.

So DraftKings won this round, but the game is still going.

Categories: Basketball News Tags: Basketball Betting, DraftKings, NCAA, Sports Betting

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