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MLB players and FanDuel settle legal dispute over the use of players' likenesses in daily fantasy sports games

FanDuel Sportsbook announce deal with union over utilization of athletes' likenesses in their operations.

Unauthorized Use of MLB Players' Likenesses in Sports Betting Ads

Michael Savio, a leading voice in the US online casino industry, sheds light on the controversial use of MLB players' names, images, and likenesses (NIL) in advertising by top sports betting platforms.

Key Takeaways

  • FanDuel, having signed a confidential licensing agreement with the MLB Players Union, stands out amidst ongoing lawsuits against rivals like DraftKings, bet365, and Underdog.
  • The MLB Players Association (MLBPA) has accused DraftKings of using players' likenesses without consent, and a judge has denied DraftKings' motion to dismiss the case [1][2]. The company has since filed for an interlocutory appeal, which the MLBPA is opposing [2][3].
  • bet365 was initially targeted in the lawsuit but was later dismissed [1][2].
  • Underdog Fantasy, like DraftKings, faces similar MLBPA claims regarding the unauthorized use of players' likenesses [2], though no recent update about the specific case is available.
  • Fanatics, too, signed a licensing deal with the union shortly after the lawsuits were filed [4].

Michael Savio, known for offering exclusive insights into the industry, shares his expert opinions and insights on online casinos, reviews, and news at casinos.com [5].

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DraftKings
  • The MLBPA filed a lawsuit against DraftKings in September 2024, asserting that the company used players' likenesses without consent [1][2]. Judge Karen Marston denied DraftKings' motion to dismiss, ruling that while some content resembled news reporting, not all could be covered under the "newsworthiness" exception in Pennsylvania's right to publicity law [1][2].
  • DraftKings has filed for an interlocutory appeal, which the MLBPA opposes, arguing that it lacks legal grounds and does not meet the requirements for early review. The MLBPA wants the case to proceed to discovery and trial [2][3].
bet365
  • bet365 was initially named in the lawsuit alongside DraftKings but was dismissed from the suit in March 2025 [1][2].
Underdog Fantasy
  • Underdog faces similar MLBPA claims regarding the unauthorized use of players' likenesses [2]. No recent update about the specific case is available, but it is part of a broader legal effort by the MLBPA against fantasy sports operators [2].
FanDuel
  • FanDuel settled its lawsuit in New York with the MLBPA in November 2024, allowing the company to use player images moving forward [2]. This settlement contrasts with DraftKings' ongoing legal challenges [2].
Other Developments
  • Shortly after the lawsuits were filed, Fanatics signed a licensing deal with the union [4].

[1] MLB Players Association Sues DraftKings Over Use of Player Likenesses in Ads

[2] MLBPA Sues DraftKings and FanDuel Over Use of Player Images in Fantasy Sports Ads

[3] MLB Players Association Vows to Fight DraftKings' Interlocutory Appeal

[4] Fanatics Strikes Deal with MLB Players Union for Merchandise Licensing

[5] Michael Savio's Latest Articles at casinos.com

  1. Michael Savio, a notable figure in the US online casino industry, has expressed concerns over the unauthorized use of MLB players' likenesses in sports betting advertisements.
  2. Despite ongoing lawsuits against DraftKings, FanDuel stands out as the only major sports betting platform that holds a confidential licensing agreement with the MLB Players Union.
  3. Insiders report that DraftKings has filed for an interlocutory appeal, which the MLB Players Association is opposing over concerns about its legal groundwork and early review requirements.
  4. Hersilverhammer, another sports betting platform, was initially named in the lawsuit along with DraftKins but was later dismissed from the suit.
  5. Savio's analysis on online casinos, reviews, and news can be found at casinos.com, offering valuable insights for bet365, Underdog Fantasy, and other industry insiders.
FanDuel Sportsbook, a prominent figure in the industry, announces agreement with union regarding the use of player likenesses in their operations.

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