NCAA Seeks Feb. 2027 Trial Against DraftKings

NCAA asked an Indiana federal court to hold a trademark trial in Feb. 2027, saying DraftKings used ‘March Madness’ and other NCAA marks; DraftKings called the timeline unrealistic.

The NCAA asked a federal court in Indianapolis to hold a trademark trial in February 2027, alleging DraftKings used ‘March Madness,’ ‘Final Four’ and other NCAA marks without permission. The association filed the suit on March 20 in the U.S. District Court for the Southern District of Indiana and on April 15 asked the court to accelerate case deadlines so a trial could occur in February 2027.

A judge denied the NCAA’s request for a preliminary injunction but noted the association could still prevail at trial. The court set an initial pretrial conference for June 1; the NCAA asked the court to move that date earlier to give the parties clarity on scheduling.

In its April 15 filing the NCAA wrote that the dispute is tied to the annual tournament cycle and warned that without 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’ lawyers responded last week, calling a February 2027 trial ‘unrealistic’ and arguing an expedited timetable would hinder discovery. The company argued the discovery period would need more time than the Nov. 13 cutoff the NCAA proposed and would cover years-long commercial relationships and agreements.

DraftKings also warned that even if a 10-day trial, the length the NCAA predicted, ended in the NCAA’s favor, post-trial proceedings to determine final relief could be lengthy and would not immediately resolve the dispute.

In reply the NCAA accused DraftKings of seeking delay and asked the court to reset the initial pretrial conference at the earliest available date. The pretrial conference remains scheduled for June 1.

The dispute touches on other trademark arrangements. The Kentucky High School Athletic Association holds registrations for ‘Sweet Sixteen’ and ‘Sweet 16’ for its state tournaments and has a licensing deal with the NCAA. The NCAA has also registered ‘NCAA Sweet Sixteen’ and ‘NCAA Sweet 16.’ The parties say those relationships should be explored in discovery.

The case centers on whether DraftKings’ use of tournament-related phrases in app interfaces, marketing or product offerings infringes NCAA trademarks and whether the association has been harmed by those uses. The NCAA seeks to protect the commercial value of its marks; DraftKings states it needs time to gather evidence about industry practices and existing partnerships.

With the June pretrial date approaching, the court will decide how quickly to move the case.

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