Nick Soltman recently weighed in on the National Collegiate Athletic Association’s (NCAA) trademark infringement lawsuit against the online sports betting website DraftKings for Law360’s ongoing coverage of the case, in the article “NCAA’s Anti-Sports Betting Stance Becomes An IP Issue.”
The NCAA has accused DraftKings of using protected terms like “March Madness,” “Final Four,” and “Elite Eight” to promote its sports betting platform. They argue that DraftKings’ use of these trademarks is designed to establish a false association with the NCAA to further DraftKings engagement while simultaneously tarnishing the NCAA’s reputation by linking it to commercial gambling. DraftKings has countered, positing it has used the terms for five years without any action from the NCAA and that the organization itself has a partnership with a company that provides in-game data to “sportsbooks” like themselves. While U.S. District Judge Tanya Walton Pratt rejected the NCAA’s request for a temporary restraining order, she asserted in her remarks that the association’s trademark dilution and false association claims regarding “March Madness” bears merit and that when the case eventually goes to trial, the NCAA will most likely prevail.
Nick explains why an organization with the stature of NCAA would be so reluctant to have their carefully established brand tied to a virtual casino. “Of the famous triumvirate of categories of products that people restrict licensing to – gambling, smoking, drinking – this is probably the most sacrosanct for the NCAA,” Nick tells Law360. “I just don’t think you can ignore the fact that it’s gambling, rather than some commercial mentioning ‘March Madness.'”
