MLB players’ union files lawsuit against four operators over image use dispute
FanDuel, DraftKings, bet365, and Underdog Fantasy in the spotlight as MLBPA's corporate arm takes legal action, bemoaning the unauthorized use of player likenesses and differing treatment compared to the NFL
DraftKings, bet365, FanDuel, and Underdog Fantasy are all facing legal action after a lawsuit was filed by MLB Players Inc (MLBPI) over alleged unauthorized use of player names and images.
A federal lawsuit was filed in the US District Court in Pennsylvania that covers the DraftKings and bet365 dispute, while a similar suit was filed in the New York State Supreme Court in Manhattan relating to FanDuel and Underdog.
In both cases, the MLBPI, the corporate segment of the MLB Players Association (MLBPA), claims that the operators have used multiple MLB players’ names and images without the relevant consent.
The suit in Pennsylvania, filed on Monday, September 16, cites violations in both bets and promotions as seen on DraftKings’ and bet365’s apps, as well as posts on respective social media outlets.
In the case against the aforementioned bookmakers’, the lawsuit dubs the conduct of the duo as “outrageous, malicious, and in wilful violation of MLBPI’s rights.”
It goes on to explain that the use of players’ images is not essential to the operators’ offerings and is done so with a promotional aspect in mind.
Within the complaint, MLBPI lawyers claim: “Users could bet that the Phillies will beat the Marlins, or that Bryce Harper will hit more than two home runs in a given game, without seeing Harper’s valuable image. Indeed, both DraftKings and bet365 offer the same types of bets in other sports without using player images.”
The suit includes screenshots of both DraftKings’ and bet365’s apps, in which it can be seen that many MLB prop bets include a photo of the player in question, as well as team logos.
However, it is noted how that is not the case when it comes to NFL bets, with neither firm using player images for NFL prop bets, furthering the MLBPI’s argument that the images and logos are in place for a promotional reason.
DraftKings was singled out for the fact that its MLB player profiles include images, statistics, and other information, while its NFL player ones do not. Social media posts from the Boston-based outfit were also addressed as a breach of licensing rights.
The complaint adds: “DraftKings’ social media posts feature action shots of MLB players mid-game, often in multi-slide posts that begin with what appears to be a piece of sports reporting yet concludes with an advertisement encouraging viewers of the ad to place a bet on the DraftKings sportsbook platform.
“These posts, which are often made as joint posts with the primary DraftKings Instagram account in order to bring more visibility, are shown to the 189,000 followers of the DraftKings sportsbook platform and the 252,000 followers of the primary DraftKings platform, and often receive hundreds of likes and social media interactions.”
In turn, the players’ union is aiming to hit the bookmakers with an injunction to halt the use of MLB player images, alongside compensatory and punitive damages, citing a breach of Pennsylvania law in the form of unauthorized use of name or likeness as well as common law misappropriation of publicity, common law misappropriation of identity, and unjust enrichment.
EGR has approached DraftKings, bet365, FanDuel, and Underdog for comment.
Unlike DraftKings and bet365, which are not based in the state where the suit has been filed against them, FanDuel and Underdog are both headquartered in New York and operate in the state.