This is a summary of an article originally published by Law360. Read the full article here.

The NCAA has filed a trademark infringement lawsuit against DraftKings over its use of terms including “March Madness,” “Final Four” and “Elite Eight,” bringing questions surrounding sports betting, brand identity and trademark protection into federal court.

A federal judge declined the NCAA’s request to temporarily block DraftKings from using the terms, although she found the association is likely to succeed on certain trademark dilution and false association claims.

William Stroever, co-chair of Cole Schotz PC’s Intellectual Property Department, said he was not surprised by the dispute, pointing to the increasing prevalence of sports betting and prediction market platforms, as well as recent controversies involving professional sports leagues.

“It felt like season two — like we were already watching this show, and this is just the next inevitable fight or drama,” Stroever said.

The NCAA is ultimately seeking a permanent injunction, arguing that DraftKings’ use of its trademarks could create the impression of an association between the organizations.

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