- The MLB Players Union has filed two separate lawsuits against four sportsbooks over use of player likenesses
- MLB Players Inc. filed one lawsuit against DraftKings and bet365 in a Pennsylvania court
- It filed the second lawsuit against FanDuel and Underdog Sports in New York Supreme Court
The MLB players union levied lawsuits against four sportsbooks over alleged use of MLB player likenesses.
MLB Players Inc, the players union for Major League Baseball, filed two separate lawsuits against four sportsbooks for alleged usage of player likenesses on their online sports betting platforms.
The union filed a lawsuit against DraftKings and bet365 in a Pennsylvania Court and filed a separate lawsuit against FanDuel and Underdog Sports in New York Supreme court earlier this week.
Separate, but Similar, Lawsuits
The MLBPI filed both lawsuits on Monday, Sept. 16. According to the MLBPI, the union filed the lawsuit against DraftKings and bet365 in the Eastern Pennsylvania District Court and against FanDuel and Underdog Sports in New York Supreme Court. The lawsuit against DraftKings and bet365 was filed in a Pennsylvania court because the sportsbooks “regularly conduct and/or solicit business in, engage in other persistent coursed of conduct in, and/or derive substantial revenue from products and/or services provided to persons in this district.”
As for FanDuel and Underdog, the MLBPI filed their lawsuit in New York because both gaming companies are based in the Empire State.
Despite filing in two different states, the basis of each lawsuit is the same. The MLBPI reported that it possesses the exclusive rights to use and license their players’ name, image, and likenesses for any commercial or promotional activity.
The lawsuit alleges the sportsbooks feature the images of current MLB players in connection with the promotion for player prop offers, on individual player pages that feature statistics and playing records, and other offers.
“DraftKings and bet365 knowingly appropriated the images and likenesses of three or more MLB players, and willfully disregarded MLBPI’s rights in using these players’ images and likenesses in their DraftKings Sportsbook and bet365 platforms, without MLBPI’s consent or authorization,” the MLBPI notes in its lawsuit against DraftKings and bet365.
Counsel for the union notes in their lawsuits that the actions of the sportsbooks are “outrageous, malicious, and in willful violation of MLBPI’s rights.”
FanDuel has a partnership with the MLB but does not have permission to use likenesses on their platform from the union.
The MLBPI is asking a court deny the sportsbooks continue use of MLB player images, compensatory and punitive damages determined at trial, releasing profits it has made related to the use of MLB names and likenesses, and any other relief the court deems just and equitable.
Sportsbooks Not Using NFL Photos
MLBPI counsel noted that the sportsbooks do not use NFL player photos in the same way they do MLB photos. The NFL player props do not include the likenesses of any current NFL player, but have many pages of MLB player photos on their platforms.
DraftKings is actually facing a lawsuit levied by the NFL Players Association in the Southern District of New York regarding player likenesses. The lawsuit claims DraftKings intends to terminate a contract signed with the NFLPA in 2021 that gave the company the right to use NFL player likenesses, names and images for its NFT marketplace.
The NFLPA is suing DraftKings for breach of contract and believes the company owes the association more than $65 million.
The Major League Baseball Players Association (MLBPA) has recently filed a lawsuit against four sportsbooks for using the likenesses of MLB players without authorization. The lawsuit, filed in federal court, alleges that the sportsbooks have been profiting off the images and names of MLB players without compensating them.
The sportsbooks named in the lawsuit are DraftKings, FanDuel, MGM Resorts, and William Hill. These sportsbooks offer betting on MLB games and use player images and names to promote their services. The MLBPA argues that this unauthorized use of player likenesses is a violation of the players’ rights of publicity.
The lawsuit seeks damages for the unauthorized use of player likenesses and also requests an injunction to prevent the sportsbooks from continuing to use player images without permission. The MLBPA is also seeking to recover any profits that the sportsbooks have made from using player likenesses.
This lawsuit highlights the ongoing debate over the use of player likenesses in sports betting and fantasy sports. While sportsbooks argue that they have a First Amendment right to use player images in their promotions, the MLBPA contends that players should have control over how their likenesses are used for commercial purposes.
This is not the first time that professional sports leagues and players’ associations have taken legal action against sportsbooks for unauthorized use of player likenesses. In recent years, the NFL Players Association and NBA Players Association have also filed lawsuits against sportsbooks for similar reasons.
Overall, this lawsuit serves as a reminder of the importance of protecting the rights of athletes and ensuring that they are fairly compensated for the use of their likenesses in commercial ventures. It will be interesting to see how this case unfolds in court and what implications it may have for the sports betting industry as a whole.
