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MLBPI Sues Top Sportsbooks Over Unauthorized Use of Player Images

The Major League Baseball Players Inc. (MLBPI) has filed lawsuits against several major sports betting companies, accusing them of the unauthorized use of MLB players’ images on their platforms. The lawsuits target top sportsbooks, including FanDuel, Underdog Sports, DraftKings, and bet365.

MLBPI’s Claims Against Sportsbooks

In the lawsuits, filed on September 16 in both New York and Pennsylvania, the MLB Players Association’s for-profit arm alleges the “knowing and deliberate misappropriation” of player images for commercial purposes without proper licensing or consent. The organization claims that since early 2024, these companies have been prominently featuring images of nearly every active MLB player on their websites and mobile apps.

The MLBPI argues that while users can place bets without seeing player images, these sportsbooks use them to enhance consumer appeal and drive more bets. This unauthorized use, the lawsuits claim, goes beyond providing mere information and crosses into promotional territory.

Importance of Player Image Rights

A spokesperson for the players emphasized the significance of controlling the commercial use of player names, images, and likenesses:
“For professional athletes, the ability to control the commercial use of their names, images, and likenesses is a crucial return on their substantial career investment.”

While some companies, such as FanDuel, reportedly have limited rights to use player likenesses in their advertising, the MLBPI contends that these rights do not extend to in-app use on betting platforms without proper licensing. The lawsuit accuses the sportsbooks of violating state right of publicity laws and seeks compensatory and punitive damages. The MLBPI also requests injunctive relief to prevent further unauthorized use of player images.

This lawsuit follows a similar legal action by the NFL Players Association, which sued DraftKings for non-payment of fees after the closure of its Reignmakers NFT product. These legal battles underscore growing tensions between professional sports unions and betting companies over the use of player likenesses in the booming sports betting and fantasy sports markets.

As the litigation progresses, the outcome could have significant implications for how sportsbooks navigate the use of player images in their platforms and promotional materials.

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