DraftKings is pushing again arduous in opposition to the NCAA’s trademark lawsuit, telling a federal courtroom the sports activities betting firm legally used phrases linked to the lads’s basketball event and did nothing that will confuse clients about any relationship with the faculty sports activities group.
In a response filed within the U.S. District Courtroom for the Southern District of Indiana and seen by ReadWrite, the sportsbook operator denied allegations that its promotions and betting merchandise improperly traded on NCAA branding. The corporate mentioned the NCAA “has no legitimate declare in opposition to it” and argued the affiliation will not be entitled to damages or different reduction.
DraftKings acknowledged utilizing phrases tied to the event, together with “March Insanity,” “Candy 16,” “Elite 8,” “Last 4,” and “March Mania.” Nonetheless, the corporate rejected accusations involving trademark infringement, unfair competitors, dilution, and false affiliation underneath the Lanham Act.
The NCAA filed go well with earlier this 12 months after accusing DraftKings of utilizing event branding to advertise sports activities wagering merchandise with out authorization. The dispute shortly expanded past the preliminary criticism, with the NCAA later asking the courtroom for a sooner trial schedule and making an attempt to dam a few of DraftKings’ use of the disputed phrases throughout the case.
DraftKings fights NCAA trademark claims in courtroom over event branding
A federal choose lately denied the NCAA’s request for a preliminary injunction that will have restricted DraftKings from utilizing sure tournament-related language whereas litigation continues. This allowed the corporate to maintain utilizing the phrases for now because the trademark combat strikes ahead.
DraftKings described itself in courtroom filings as a digital sports activities leisure enterprise that gives statistics, commentary, editorial materials, evaluation, and authorized sports activities betting merchandise the place allowed by regulation.
The corporate argued its references to NCAA event terminology have been protected as “nominative truthful use” as a result of the language was used solely “to determine and discuss with the NCAA’s tournaments and associated video games, occasions, and rounds, together with in reference to lawful sports activities wagering choices and editorial, analytical, informational, and expressive content material printed on DraftKings Community.”
DraftKings additionally claimed the challenged phrases have been used “pretty, descriptively, and in good religion” when discussing faculty basketball occasions. The corporate additional argued that phrases similar to “Elite Eight” and “Candy Sixteen” are descriptive or generic references to event rounds and “haven’t acquired secondary that means.”
Elsewhere within the submitting, DraftKings admitted it “doesn’t have any affiliation or sponsorship with the NCAA” whereas denying different allegations linked to shopper confusion.
The sportsbook operator additionally raised defenses tied to estoppel, waiver, acquiescence, abandonment, laches, and First Modification protections. DraftKings argued the NCAA waited too lengthy to sue regardless of allegedly realizing betting corporations had referenced event terminology for years.
The corporate requested a jury trial and requested the courtroom to award attorneys’ charges and litigation prices.
Featured picture: NCAA / DraftKings
