DraftKings says request for February 2027 trial is ‘unrealistic’
March Madness ended a month ago, but the court battle between the NCAA and DraftKings over that phrase and others continues. Now, the two sides are arguing over the request by the Indianapolis-based governing body for major college athletics to expedite the process, with a trial happening in an Indiana federal court next February.
The NCAA filed its suit against the Boston-based online gaming giant on March 20, claiming DraftKings was using March Madness and other protected marks tied to the annual men’s and women’s Division I college basketball tournaments on its sports betting app without permission.
A judge in the U.S. District Court for the Southern District of Indiana denied a preliminary injunction the NCAA sought but also noted the organization may still prove its case.
‘Likely to Continue to Exploit That Cycle’
The court initially set a pretrial hearing in the case for June 1. However, on April 15, lawyers for the NCAA requested a quicker timeline with the goal of holding a trial on the matter by next February.
Without such a schedule, the NCAA claims DraftKings would continue “to structure its business decisions around continued use of March Madness, Final Four, and other trademarked terms. (Note: The Kentucky High School Athletic Association trademarked Sweet Sixteen and Sweet 16 for its annual state basketball tournaments. The NCAA has a licensing deal with the KHSAA for use of the term, and it also trademarked NCAA Sweet Sixteen and NCAA Sweet 16.)
“DraftKings’ challenged conduct is closely tied to the annual rhythm of the marquee collegiate sporting events, during which consumer engagement is at its peak, and the value of the NCAA Basketball Marks is at its highest,” the NCAA’s April 15 motion stated. “Absent an accelerated timeline, DraftKings is likely to continue to exploit that cycle, causing ongoing harm to the NCAA and depriving it of a meaningful opportunity to vindicate its rights before another high-visibility tournament season commences.”
DraftKings: Expedited Trial Would Hinder Discovery
Last Thursday, DraftKings lawyers responded, calling the NCAA’s schedule “unrealistic.” Requesting a February 2027 trial would not bring the resolution sought because even if a 10-day trial, the length the NCAA lawyers forecasted, resulted in the NCAA’s favor, the court would still need to hold lengthy proceedings afterward to determine a final resolution.
Further, DraftKings’ lawyers claim the discovery period, when both sides share key information leading up to the trial, will need more time than the Nov. 13 deadline the NCAA recommended in its proposed timeline.
“Discovery will also necessarily encompass the longstanding commercial relationships between the NCAA, its member schools, and athletic conferences, and the gaming industry, including Genius Sports as well as partnerships directly with sportsbooks,” the DraftKings response stated.
On Monday, the NCAA filed its answer to DraftKings’ response, arguing the defendant is just trying to stall and reiterated its call for a quicker timeline.
“At a minimum, the NCAA respectfully requests that this Court reset the initial pretrial conference to its earliest available date so the parties can have clarity on the schedule as soon as possible,” the NCAA’s reply stated.
The pretrial conference is currently scheduled for June 1.
The post NCAA Wants DraftKings March Madness Lawsuit Fast-Tracked appeared first on Gambling Insider.
