MLB Players Union sues DraftKings and FanDuel over NIL
The Union accused the defendants of ‘flagrant’ violations of state laws protecting the right of publicity.
On September 16, the MLB Players Union filed a lawsuit against DraftKings and FanDuel, stating that the two operators, as well as bet365 and Underdog Fantasy, used the name, image and likeness (NIL) of hundreds of players without permission.
Players are seeking compensatory and punitive damages from DraftKings and the bet365 Group in Philadelphia federal court, as well as from FanDuel and Underdog Fantasy in a New York state court.
The Union called online sports betting a “big business,” accusing the defendants of “flagrant” violations of state laws protecting the right of publicity, saying nearly every active player’s image appears on its websites and mobile apps.
“For professional athletes, the ability to control the commercial use of their names, images and likenesses is a crucial return on their substantial career investment,” the Union said.
The lawsuits were filed shortly after the NFL Players Union, represented by the same law firm as the MLB players, sued DraftKings for refusing to pay to use NFL player likenesses on so-called “non-fungible tokens.”
In its complaints, MLB players said the defendants don’t use NFL player likenesses on its platforms.
The players said the only reason to treat baseball players differently was to increase “consumer appeal” and draw more bets, given that the “core information” that bettors need is statistical data, not what players look like.
Users could bet that the Philadelphia Phillies’ Bryce Harper or New York Mets’ Pete Alonso will hit more than two home runs in a given game for example, without seeing each player’s “valuable image,” the complaints stated.
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