DraftKings was unsuccessful in its bid to dismiss a lawsuit from the MLB Players Association over allegations that the sportsbook operator misused the likenesses of athletes.
US District Judge Karen Marston for the Eastern District of Pennsylvania ruled that it’s a plausible claim that DraftKings failed to get the necessary permission to use the headshots and names of MLB players for commercial purposes.
DraftKings and FanDuel were named in the complaint in September, with the latter reaching a settlement in November. DraftKings decided to fight its corner, claiming last month that no court has implemented a right of publicity liability for any “publicly-available, newsworthy statistics,” which includes the likeness and names of players.
it’s too early to decide if DraftKings’ usage meets the standard for a public interest exception
The case will now proceed after the judge ruled that it’s too early to decide if DraftKings’ usage meets the standard for a public interest exception in right-of-publicity claims.