MLB players union sues DraftKings, bet365 claiming unauthorized use of player images
PHILADELPHIA (CBS/AP) — A federal lawsuit filed in U.S. District Court in Philadelphia alleges that online betting companies DraftKings and bet365 illegally used MLB player names and images, including Phillies superstar Bryce Harper.
The suit, filed by MLB Players Inc. against Draftkings Inc. and Bet365 Group Ltd., claims the companies engaged in illegal "use of MLB player images on their sportsbook betting platforms" and of "player names and images in associated advertising, without a license."
The suit claims unauthorized use of name or likeness under Pennsylvania law, common law misappropriation of publicity, common law misappropriation of identity, and unjust enrichment. MLB Players Inc. asked for an injunction and damages.
In the suit, MLB Players Inc. claims, "Defendants' use of player images within their sportsbook platforms is not merely informational — it is promotional. Users could bet that the Phillies will beat the Marlins, or that Bryce Harper will hit more than two home runs in a given game, without seeing Harper's valuable image. Indeed, both DraftKings and bet365 offer the same types of bets in other sports without using player images."
MLB Players Inc. also argues:
The process for placing a bet in person at retail sportsbooks, which are usually located inside casinos, has remained largely the same since 1949: a bettor goes to the sportsbook, reviews large boards or screens that list out the active bets, selects their bets, and provides their selected bets and payment to either a clerk, or, in more technologically savvy sportsbooks, to a self-serve kiosk. The boards listing the active bets display nothing but the bets themselves—there are no team logos, no photos of the athletes, and not even so much as an icon representing the sport on which the bet is placed. What was true in 1949 remains true in 2024: a bettor did not need a picture of Richie Ashburn (or Bryce Harper) to place a bet.
The lawsuit features several screenshots showing Harper, other Phillies and other professional athletes.
Here are two screenshots provided in the suit.
The companies did not immediately reply to emails seeking comment.
You can read the full lawsuit in the PDF below.