MLB Players Target DraftKings, Other Sportsbooks in New Lawsuits

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Erik Gibbs

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Expertise: Global Gaming, Asia Gaming, US Gaming, Sports Gambling

The DraftKings sign inside the company's office in Boston, Massachusetts. (Source: MLive.com)

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The core of the lawsuits – one in New York and another in Pennsylvania – involves claims that DraftKings and other sportsbooks have capitalized on the use of MLB players’ identities in sports betting advertisements without securing the necessary consent. This issue extends beyond the use of images, touching on broader concerns about how players’ personal brands are used commercially. The lawsuits argue that the players deserve compensation and control over how their names and images are utilized, particularly in the context of sports betting, where the stakes and revenues are high.

According to the lawsuits, DraftKings, FanDuel, bet365 and Fanatics Sportsbook have profited handsomely from integrating their likenesses into sports betting promotions. The players involved in the lawsuits claim that the sportsbooks failed to obtain proper licensing agreements to use their likenesses, violating their rights under different state laws.

The legal complaints filed by the players argue that sportsbooks must adhere to the same rules that apply to other businesses when it comes to commercializing athletes’ images. These laws, commonly referred to as “right of publicity” laws, protect individuals from having their likeness used for commercial gain without their permission. With sports betting now legal in many states and fantasy sports continuing to thrive, the players are seeking compensation for what they believe is a misuse of their identities for profit.

Sportsbooks Ready to Fight

DraftKings and the other sportsbooks are expected to defend their practices, citing legal precedents and existing agreements between leagues, teams, and player associations. In some cases, professional sports leagues, including MLB, have signed deals with gambling operators, which may complicate the legal arguments. These deals typically involve licensing arrangements that allow gambling companies to use team logos and player statistics. However, individual players may argue that their rights were not adequately protected in these agreements.

The outcome of these lawsuits could set a precedent for how sports betting platforms and fantasy sports companies operate moving forward. If the players succeed, it could force sportsbooks to re-negotiate their contracts and pay higher fees for the use of athletes’ names and likenesses. On the other hand, if the companies prevail, it may solidify the current structure of licensing deals in sports betting.

This isn’t the first time athletes have raised concerns about the use of their identities. Similar lawsuits have surfaced in other sports, most notably the long-standing legal battles between college athletes and video game companies over the use of player likenesses in video games. Those cases resulted in significant settlements, raising questions about whether the sports betting industry could face a similar outcome.

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