MLB Players Union Taking Action Against Four Sportsbooks Over Player Likenesses

• 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.