NCAA renews trademark fight with Kalshi over March Madness markets

NCAA renews trademark fight with Kalshi over March Madness markets

NCAA Escalates Legal Battle with Kalshi Over March Madness Trademark Usage

In a high-stakes clash between collegiate athletics and the burgeoning prediction market industry, the National Collegiate Athletic Association (NCAA) has intensified its legal offensive against Kalshi, targeting the platform’s use of March Madness branding and trademarks. The dispute represents a critical juncture in the evolving relationship between traditional sports governance and emerging digital betting markets.

The Trademark Controversy Deepens

The NCAA’s latest salvo against Kalshi centers on what the association describes as unauthorized use of its intellectual property in connection with March Madness, the organization’s crown jewel of college basketball tournaments. According to NCAA officials, Kalshi has been employing the association’s name, logos, and event branding in ways that create an “implied official connection” between the two entities.

“This continues to be a misrepresentation of any NCAA involvement,” the NCAA stated in a formal declaration to ReadWrite. “We have previously addressed issues with Kalshi illegitimately using NCAA marks for their offerings, and we have requested immediate removal of NCAA trademarks from their platform.”

The controversy specifically targets language used on Kalshi’s platform that suggests NCAA verification of game outcomes. NCAA Senior Vice President and Chief Legal Officer Scott Bearby previously objected to phrasing such as “Outcome verified from NCAA,” which included a direct link to the NCAA’s official website. The association contends this wording could easily mislead users into believing the NCAA formally endorses or verifies results used in Kalshi’s prediction contracts.

March Madness: The NCAA’s Crown Jewel at Stake

March Madness represents far more than just a basketball tournament for the NCAA—it’s a cultural phenomenon generating billions in revenue and serving as the organization’s primary brand identifier. The association’s aggressive stance against Kalshi reflects deep concerns about protecting this valuable intellectual property from what they perceive as unauthorized commercial exploitation.

The NCAA’s position is straightforward: any suggestion of official endorsement or verification by the organization could dilute the value of its trademarks and create confusion among consumers about the nature of the relationship between college sports and prediction markets. The association has proposed alternative language, suggesting Kalshi replace “verified” with “sourced from NCAA.com” and include clear disclaimers stating that Kalshi operates independently without NCAA affiliation or endorsement.

Federal Regulatory Pressure Mounts

The trademark dispute unfolds against a backdrop of increasing federal scrutiny of prediction markets tied to college athletics. In January 2026, NCAA President Charlie Baker directly appealed to the Commodity Futures Trading Commission (CFTC), requesting suspension of college sports prediction markets until comprehensive safeguards could be implemented.

Baker’s letter to the CFTC outlined several critical concerns:

  • Student-athlete welfare: The rapid expansion of prediction markets could expose student-athletes to harassment, unwanted attention, and potential exploitation
  • Competition integrity: The availability of betting markets might create incentives for insider information or manipulation
  • Age verification challenges: Ensuring that only eligible participants can access these markets presents significant regulatory hurdles
  • Advertising practices: The marketing of prediction markets to college sports fans raises questions about responsible gambling promotion

The NCAA president argued that these markets present “a threat to the well-being of student-athletes” and urged regulators to implement a “more robust system with appropriate safeguards” before allowing continued operation.

The Kalshi Response and Industry Implications

Kalshi has maintained a relatively measured public response to the NCAA’s escalating complaints. The company has indicated it is reviewing its platform language and working to address trademark concerns, though it has not publicly committed to specific changes. This measured approach reflects the complex legal landscape in which prediction markets operate.

The dispute highlights fundamental questions about the nature of prediction markets and their relationship to traditional sports betting. While Kalshi positions itself as operating under CFTC jurisdiction as a financial exchange rather than a gambling platform, the practical reality for consumers often blurs these distinctions.

Broader Industry Context

The NCAA-Kalshi conflict is part of a larger pattern of tension between established sports institutions and emerging digital platforms. Similar disputes have emerged across various sports and prediction markets, reflecting the challenges of adapting traditional regulatory frameworks to new technological realities.

The controversy also intersects with ongoing debates about the commercialization of college athletics, particularly in light of recent changes allowing student-athletes to profit from their name, image, and likeness. As college sports become increasingly commercialized, conflicts over intellectual property, branding, and revenue sharing are likely to intensify.

Legal and Regulatory Uncertainty

The legal status of prediction markets tied to college sports remains uncertain. While the CFTC has asserted primary regulatory authority over certain prediction markets, several states have challenged this jurisdiction, creating a patchwork of potentially conflicting regulations.

This regulatory ambiguity creates significant challenges for companies like Kalshi as they navigate compliance requirements while attempting to build sustainable business models. The NCAA’s aggressive enforcement of its trademarks adds another layer of complexity to this already challenging environment.

The Future of College Sports Prediction Markets

The outcome of the NCAA-Kalshi dispute could have far-reaching implications for the future of prediction markets in college sports. If the NCAA successfully forces Kalshi to remove all references to March Madness and other NCAA trademarks, it could set a precedent that other sports organizations might follow, potentially limiting the growth of prediction markets tied to collegiate athletics.

Conversely, if Kalshi successfully defends its use of NCAA-related language under fair use or other legal doctrines, it could open the door for expanded prediction market offerings tied to college sports. The resolution of this conflict will likely influence how other prediction market operators approach relationships with sports organizations and handle intellectual property concerns.

Industry-Wide Repercussions

The dispute has sent ripples through the broader prediction market and sports betting industries. Other platforms are closely monitoring the situation, recognizing that the NCAA’s actions could establish important precedents for how sports organizations protect their intellectual property in the digital age.

Sports organizations beyond the NCAA are also paying attention, as the outcome could influence their own approaches to prediction markets and digital betting platforms. The balance between protecting intellectual property rights and allowing innovation in sports-related technology remains a critical challenge for the industry.

Looking Ahead

As March Madness approaches, the pressure on both the NCAA and Kalshi is likely to intensify. The tournament represents peak visibility for college basketball and, by extension, maximum exposure for any prediction markets tied to the event. How the two parties resolve their differences—or whether the conflict escalates further—could significantly impact the tournament experience for fans and the business models of prediction market operators.

The dispute also raises broader questions about the future relationship between traditional sports governance and emerging digital platforms. As technology continues to evolve and create new opportunities for fan engagement, sports organizations will need to carefully balance protecting their intellectual property with embracing innovation that could enhance the fan experience.

Tags

NCAA, Kalshi, March Madness, prediction markets, trademark dispute, college sports betting, CFTC, Charlie Baker, sports gambling, intellectual property, student-athlete welfare, sports technology, March Madness 2026, college basketball, prediction contracts

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