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Sep 12, 2015; Dallas, TX, USA; A general view of the DraftKings sign board during the match with FC Dallas playing against New York City FC at Toyota Stadium. Mandatory Credit: Matthew Emmons-USA TODAY Sports
- DraftKings filed for a trademark of “DraftKings Cashpicks” this past May
- The trademark is for “entertainment services in the nature of fantasy sports competitions
- The application notes the trademark is also related to “downloadable mobile applications for use in fantasy sports competition”
DraftKings registered for a new trademark of “DraftKings Cashpicks” on May 11, 2023, related to entertainment services in the nature of fantasy sports competitions.
The “intent-to-use” trademark application notes it is for downloadable mobile applications for use in fantasy sports competitions. An intent-to-use application means DraftKings has yet to use the term in commerce, but intends to do so sometime in the next several years.
DraftKings online daily fantasy sports is currently live in 21 states, with retail-only options available in both Washington and Louisiana.
What is DraftKings Cashpicks?
Sports Betting Dime today reached out to DraftKings for further details on the trademark, but the sports betting operator declined to comment.
X user @MikeDzikowski was the first to find the trademark application on the United State Patent and Trademark Office website.
— Captain Mike Dzikowski (@MikeDzikowski) September 18, 2023
According to the application, the trademark will be used for a type of online fantasy sports mobile application.
“Downloadable mobile applications for use in fantasy sports competitions, namely, mobile applications for managing and participating in fantasy sports competitions,” the company wrote in the application.
The application also notes that the trademark will be used for “entertainment services in the nature of fantasy sports competitions.”
“Entertainment services in the nature of fantasy sports competitions, provided via downloadable mobile software applications, via a website, and distributed via various platforms across multiple forms of transmission media. Entertainment services in the nature of sports betting,” the company wrote in the application.
No further details were provided in the trademark application.
Trademark Application Acknowledged By DFS CEO
The trademark application caught the eye of one daily fantasy sports operator, as Jeremy Levine, founder and co-CEO of Underdog Fantasy, acknowledged the news on his X social media account.
— Jeremy Levine (@JerLevine) September 18, 2023
Levine and Underdog Sports, as well as fellow DFS operator PrizePicks, have both recently been at odds with DraftKings and FanDuel. In August, Levine took to his social media feeds and implied that both FanDuel and DraftKings have used their influence to create difficulties for the DFS operators.
He also wrote an open letter to the “Underdog Community,” which can be found here.
“FanDuel and DraftKings are coordinating their lobbyists, market power, partners and years of political contributions to try to stop us and other fantasy companies. Why? We’re beating them in fantasy, and we’re not stopping there,” Levine wrote in a tweet.
Both Underdog Sports and PrizePicks have claimed their parlay-style, over-under type offerings fall under the Unlawful Internet Gambling Enforcement Act (UIGEA) carveout for games of skill.
I couldn’t be more excited about Underdog. BBM IV’s the largest fantasy contest ever. Our Pick’em games are wildly popular. Our new vision for sports betting comes soon. @FanDuel & @DraftKings want to take all that away from you. You should know what they’re trying to do.
— Jeremy Levine (@JerLevine) August 9, 2023
Underdog Sports and PrizePicks were both recently asked to alter their offerings in Alabama and ordered to exit the Wyoming market after regulators ruled their offerings were too close to sports betting.
In a recent New York State Register update, New York regulators rejected a request from a commenter to alter the state’s proposed DFS rules to allow for such contests offered by PrizePicks and Underdog Sports.
“A commenter objected to proposed Rule 5602.1(a)(4), which would make explicit that contests shall not be based on proposition betting or contests that have the effect of mimicking proposition betting. The Commission believes that a contest offering that is essentially sports betting, which is authorized for licensees and regulated pursuant to Racing Law Article 13 (not Article 14), cannot properly be characterized as IFS simply because an operator labels it as such.”
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