DraftKings, FanDuel sued by MLB players union over use of player likenesses

Major League Baseball's (MLB) players union has filed lawsuits against sports betting platforms DraftKings, FanDuel, Bet365, and Underdog Fantasy, accusing them of unauthorized use of player names and likenesses in violation of publicity rights laws.

The lawsuits, filed in federal and state courts, claim the companies used images of nearly every active MLB player on their websites and mobile apps without permission. The players are seeking compensatory and punitive damages, as well as disgorgement of profits generated from the use of their names and likenesses.

"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 players said in the complaints. They argue that maintaining such control is essential to prevent unwanted endorsements of companies or products they do not support.

The lawsuits follow a similar case filed by the National Football League (NFL) players union, which recently sued DraftKings over the use of NFL player likenesses on non-fungible tokens (NFTs). In this case, MLB players highlighted that while DraftKings refrains from using NFL player images on its platform, it treats baseball players differently to enhance "consumer appeal" and drive betting.

"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," the lawsuit argues. "Defendants’ use of player images within their sportsbook platforms is not merely informational — it is promotional."

The legal action comes as DraftKings continues to expand its operations, including a recent acquisition of Simplebet Inc., which specializes in live sports betting.

The cases are MLB Players Inc v DraftKings Inc et al, U.S. District Court, Eastern District of Pennsylvania (Philadelphia); and MLB Players Inc v. Underdog Sports Inc et al, New York State Supreme Court, New York County.