MLB players' union fires back at DraftKings, bet365 in suit over improper use of likeness

The Major League Baseball players’ union is firing back at the suggestion that sports betting giants DraftKings and bet365 were exercising their freedom of speech and press by using images of league players within its app and its advertising. MLB Players Inc. (MLBPI) argued the companies aren't news organizations, and thus not covered by the argument.

The union raised the argument in response to the operators' motions to dismiss the lawsuit brought against them in the Eastern District of Pennsylvania. MLBPI alleges the company improperly used player likenesses for advertising.

Both bet365 and DraftKings brought up other fantasy sports-related case laws that have upheld that player images and statistics related to game performance are newsworthy in their motions to dismiss. However, the union says the cases are irrelevant since they took place outside of Pennsylvania.

MLBPI brought attention to the phrasing of Pennsylvania's fair use statute, which specifically cites "news reports" or "news presentations", instead of simply “newsworthiness”. The union noted that the operators do not identify themselves as media companies, meaning their publications do not fall under "news reports".

The plaintiff also addressed the argument that they lacked standing to bring the suit. While the organization itself may not be able to argue harm, the group says it is acting to protect the interests of its individual members who have standing to bring suit, reports SBC Americas.

In addition to the Pennsylvania case, there is another pending litigation for improper use of player likenesses against Underdog in the Southern District of New York. That case is active, awaiting Underdog's response to the initial complaint. While FanDuel was initially attached to the NY suit, the sports betting giant was dropped after it agreed to a licensing deal with MLBPI in late 2024.