MLBPA sues DraftKings, FanDuel, other gaming companies over NIL use: Everything we know

By now, everything about using an online sportsbook is so second nature to many of us that we don’t even stop to think about all the business dealings that went into what we see in them.

Everything from the leagues made available to bet on to the promos offered to customers and everything in between have a huge business component behind them, and one of those things came to surface Monday when the Major League Baseball Players Association (MLBPA) sued DraftKings, FanDuel, bet365 and Underdog Fantasy for their use of player images in their respective products.

Here’s everything we know about the MLBPA taking these gaming industry giants to court.

Player images at the root of the issue

As of the time I’m writing this late Tuesday afternoon, I can say DraftKings, FanDuel and Underdog Fantasy all still have player images on their sites next to props for those corresponding players. That’s at the root of the issue here, with the MLBPA filing a lawsuit claiming these companies didn’t have the right to use the names and likenesses of these players, according to Reuters.

Bet365, which was also named in the suit, didn’t have player images on its site when I checked Tuesday.

What did the lawsuit say?

According to Reuters, MLB players accused the gaming companies of “flagrant” violations of state laws protecting the right of publicity.

“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 players said.

The union said these images can be misleading and potentially cause sportsbook users to believe those players support betting or products they dislike.

The sportsbooks don’t use player images for other sports

This part was surprising to me, but it’s true. At least in the case of FanDuel and DraftKings. If you pull up a player prop for say Aaron Rodgers, you won’t see an image of Rodgers on either site. But pull up a prop for Aaron Judge to hit a home run, and boom, there he is. The same head shot you’d see on an MLB.com roster.

The MLBPA suit has a theory why that is. The union said sportsbooks treat baseball players differently to increase “consumer appeal” and draw more bets, via ESPN.

Underdog Fantasy uses player images for both the NFL, MLB and other pro leagues.

DraftKings faces separate NIL suit from the NFL

Last month, the NFL sued DraftKings for a breach of contract and alleged that the sportsbook company owed approximately $65 million from a licensing agreement.

The lawsuit claimed DraftKings was planning to terminate a 2021 contract with the NFL Players Association without paying the remaining guarantees in the deal. The contract gave the sportsbook NIL rights of the players for a recently shuttered NFT marketplace. DraftKings said in July it was ending the marketplace due to “recent legal developments.”