The Major League Baseball Players Association filed name, image, and likeness (NIL) lawsuits against FanDuel, DraftKings, bet365, and Underdog Fantasy on Monday, according to a CBS Sports report.
The pro baseball union, which is seeking punitive and compensatory damages, accuses the gaming sites of using hundreds of images to promote player prop bets without the MLBPA’s permission.
FanDuel and DraftKings are the top two market-share operators in the U.S. sports betting industry. U.K.-based bet365 is a popular option in several U.S. states, while Underdog Fantasy operates its games in 33 markets and a traditional sportsbook in North Carolina.
More than apps
The MLBPA alleges that the sportsbooks' “flagrant” violations began earlier this year and extend beyond legal sports betting apps.
"Indeed, nearly every active MLB player's image is displayed on defendants' websites and mobile apps," the lawsuit states. "MLB player names, images, and likenesses are also featured prominently in advertising on both DraftKings Sportsbook and bet365's social media, including in posts encouraging customers to place bets on the featured player.”
The lawsuits against DraftKings and bet365 were filed in Philadelphia while the ones against FanDuel and Underdog were filed in New York, according to Reuters.
Ties to the NFL
The MLBPA says nearly every player in the league’s image is being used.
“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,” the union said.
The MLBPA argues that the operators aren’t using similar images for the NFL. According to the lawsuit, MLB players are being used for “consumer appeal,” and the images are not part of the statistical data that leads to making bets.
This NIL lawsuit comes on the heels of the NFLPA reportedly suing DraftKings for allegedly using players' likenesses on NFTs without permission.
