A federal judge Thursday denied the NCAA’s motion for a temporary restraining order to stop DraftKings from using registered trademarks associated with its men’s and women’s basketball tournaments.

The complaint for trademark infringement, filed in the Southern District of Indiana last week, requested that DraftKings stop using “March Madness,” “Final Four,” “Elite Eight,” “Sweet Sixteen” and variations of those terms to promote its business.

Judge Tanya Walton Pratt ruled that the NCAA did not show how the online sportsbook’s use of the terms would cause irreparable harm.

“With further discovery the NCAA may be able to show they are entitled to a preliminary or permanent injunction, and those claims remain pending,” Pratt wrote.

DraftKings has been using “March Madness” and other familiar terms to refer to the NCAA tournament for more than five years and has the legal right to do so, the sportsbook said in a court filing Wednesday.

Saying their use was protected under the First Amendment, DraftKings described the terms as “the universally recognized names for the tournaments and their rounds, used by millions of college basketball fans, journalists, and participants in the sports-betting ecosystem. They are the same words used by other online sportsbooks, who have not been singled out by the NCAA’s fevered complaint.”

The NCAA has said it actively avoids any appearance of affiliation with gambling and said in its complaint that DraftKings’ use of the terms confuses customers by making it appear the NCAA is on board.

In a release announcing the lawsuit, the NCAA said DraftKings’ “unauthorized use of its trademarks is flatly contrary to one of the Association’s most deeply held institutional values: that sports betting must not be associated with, endorsed by, or linked to NCAA championships or the student-athletes who compete in them.”

ESPN has a business partnership with DraftKings.

Information from ESPN’s David Purdum and The Associated Press was used in this report.