MLB Players Union Allowed to Pursue Legal Action Against DraftKings in Court
Update on the MLB Players Association's Lawsuit Against DraftKings
In an ongoing drama, the Major League Baseball Players Association (MLBPA) is facing off against DraftKings in the U.S. District Court for the Eastern District of Pennsylvania. The lawsuit, lodged back in September, alleges that DraftKings unlawfully utilized MLB players' names, images, and likenesses (NIL) in advertisements and on their sportsbook platform without securing the necessary permissions.
As of March 2025, U.S. District Judge Karen Marston has denied DraftKings' motion to dismiss the lawsuit, pushing the case forward. The judge stated that it's plausible that DraftKings breached the necessary protocols to use MLB players' NIL for commercial purposes.
Originally, DraftKings, along with FanDuel, was named in the complaint. However, FanDuel reached a settlement in November, while DraftKings opted to defend itself. Last month, DraftKings argued that no court has yet established a right-of-publicity liability for "publicly-available, newsworthy statistics," which includes NILs of athletes.
At the moment, it remains unclear whether DraftKings' usage of the players' NILs meets the criteria for a public interest exception. Judge Marston recently ruled that it's too early to decide on this matter, leading the case to progress further.
Recent developments in the case saw DraftKings request an interlocutory appeal to challenge the court's ruling. The MLBPA, however, opposed this move, arguing that DraftKings' appeal is premature and designed to delay proceedings. The court has yet to grant DraftKings' interlocutory appeal, and the lawsuit continues.
If successful, the MLBPA aims to prevent unauthorized use of their players' NILs and seek damages for any potential harm caused. On the other hand, DraftKings maintains that their use of the NILs falls under the news reporting exception and the First Amendment. The outcome of this legal battle could have significant implications for the sports betting industry.
- The ongoing lawsuit between the Major League Baseball Players Association (MLBPA) and DraftKings, regarding the unauthorized use of MLB players' names, images, and likenesses (NIL), is still ongoing.
- In March 2025, U.S. District Judge Karen Marston ruled that it's plausible that DraftKings breached the necessary protocols to use MLB players' NIL for commercial purposes, denying DraftKings' motion to dismiss the lawsuit.
- Recently, DraftKings requested an interlocutory appeal to challenge the court's ruling, but the MLBPA opposed this move, arguing that DraftKings' appeal is premature and designed to delay proceedings.
- If successful, the MLBPA seeks to prevent unauthorized use of their players' NILs and seek damages for any potential harm caused, while DraftKings maintains that their use of the NILs falls under the news reporting exception and the First Amendment. The outcome of this legal battle could have significant implications for the sports betting industry and the use of statistics in reporting sports news.
