MLB Players Union Permitted to Advance Litigation Against DraftKings per Judge's Decision
DraftKings' Legal Troubles with MLBPA: Here's the Lowdown
DraftKings' latest legal battle with the Major League Baseball Players Association (MLBPA) is heating up, with the sportsbook operator accused of using athletes' likenesses and names without consent for commercial purposes.
Background
The lawsuit was filed in September of 2024 by the MLBPA, alleging that DraftKings, amongst other infractions, used professional baseball players' names, images, and likenesses (NIL) in their ads without gaining the necessary approval from the union. Incidentally, Bet365 was also initially part of the complaint but was later dropped[1][2][3].
Latest Ruling
In March of 2025, a federal judge tossed out DraftKings' motion to dismiss the case, implying that while some content may resemble news reporting, not all of DraftKings' actions met the newsworthiness exception in Pennsylvania's right to publicity law[1][3].
The Battle Continues
DraftKings, trying to clear its name, has since filed for an interlocutory appeal, a move the MLBPA opposes. The union argues that DraftKings' appeal lacks legal grounds and does not meet the requirements for an early review. The MLBPA further contends that even if the "newsworthiness" defense is considered, a thorough examination of the facts is necessary[1][3].
Moving Forward
The MLBPA filed documentation on April 17, 2025, in the U.S. District Court for the Eastern District of Pennsylvania, opposing DraftKings' appeal. The union aims to prevent the appeal from delaying the ongoing lawsuit[3].
It's important to note that FanDuel faced a similar claim and was dismissed from a separate case in New York after reaching a private settlement that permits them to utilize player images in future advertising[1][3].
Stay tuned as this high-stakes legal battle unfolds!
[1] Sports handle. (2025). DraftKings denied motion to dismiss lawsuit over use of MLB players' images. Retrieved from https://www.sportshandle.com/2025/03/mlb-draftkings-images-lawsuit/
[2] NBC Sports EDGE. (2024). MLBPA sues DraftKings for using player images without permission. Retrieved from https://www.nbcsportsedge.com/mlb/news/mlbpa-sues-draftkings-for-using-player-images-without-permission
[3] MLB Trade Rumors. (2025). DraftKings files interlocutory appeal after being denied motion to dismiss right-to-publicity suit. Retrieved from https://www.mlbtraderumors.com/2025/04/draftkings-interlocutory-appeal.html
- DraftKings faces a lawsuit from the MLBPA over allegations that they used baseball players' names, images, and likenesses without consent in their advertisements.
- In March 2025, a federal judge rejected DraftKings' motion to dismiss the lawsuit, suggesting that not all of their actions were covered under Pennsylvania's right to publicity law's newsworthiness exception.
- In an attempt to clear its name, DraftKings filed an interlocutory appeal, a move that the MLBPA opposes, arguing that the appeal lacks legal grounds and does not meet the requirements for an early review.
- The MLBPA has filed documentation challenging DraftKings' appeal, aiming to prevent the appeal from delaying the ongoing lawsuit, similar to FanDuel's dismissed claim in a separate case in New York after settling privately.
