The Briefing: March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit
Apr 10, 2026
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Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Corpuz break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one of the most recognizable trademarks in sports.
In this episode, they cover:
What nominative fair use actually means and how courts apply it
Why DraftKings says its use of “March Madness” is necessary for bettors
How the NCAA argues the use creates false association and brand harm
Tune in for a clear look at where trademark law meets sports betting.
Watch this episode on our YouTube or listen to the podcast here.
The Briefing by Weintraub Tobin 
Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners