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September 18, 2024New Sports Betting Bill Introduced
September 19, 2024The MLB Players Association recently filed two complaints in New York and Pennsylvania, claiming that the names and likenesses of MLB players were improperly utilized by sports betting and fantasy baseball businesses DraftKings, FanDuel, Underdog, and bet365. According to the claims, the businesses exploited player names and images for prop bets even though they were not authorized to do so. MLB Players Inc., which manages the union’s business affairs, filed the claims. The petition claims that even though the websites lacked an MLBPI license, they started running player photos on their betting platforms in early 2024.
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“Indeed, nearly every active MLB player’s image is displayed on defendants’ websites and mobile apps,” the lawsuit says, “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 lawsuit contends that since the sites do not provide the same services for NFL players, using the photographs is not essential.
“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,” the lawsuit continues, “And there is no other purpose for using popular MLB player names and images in advertising other than to increase the consumer appeal of the apps and draw users to make bets on the platforms, particularly given that the core information that bettors need in order to make informed decisions about placing sports bets is statistical data.”
Additionally, the MLBPA claims that the use of player likenesses on these platforms could be interpreted as an endorsement of the platform or of sports betting in general. It would be easy to believe that the MLBPA has licensed player names and likenesses to these companies given the prevalence of sports betting commercials during game broadcasts, but this is not the case.
Requests for comment from FanDuel, DraftKings, and Underdog spokespeople were not immediately answered. The lawsuit claims that monetary damages could surpass $150,000 and calls for a jury trial.
Due to improper use of player names and likenesses, the MLBPA filed a complaint against the Pittsburgh Pirates and Sheetz, a nearby chain of gas stations, last month. In June, the Pirates and Sheetz announced a jersey advertisement contract. However, the MLBPA stated that the organization and company were not allowed to employ more than two players in their campaigns. The legal dispute was resolved out-of-court.
Regardless of what sport we’re discussing, the sports betting industry can sometimes spark controversy. Baseball just happens to be in the spotlight at the moment. It appears that MLB and some of the top sports betting companies are about to engage in a fight over names and images.Check out the latest sports betting odds at Prime Sports.