In the world of sports where players’ valor on the field elicits cheers and awe, a legal scrimmage off the diamond draws its own spectatorship. The Major League Baseball Players Association (MLBPA), guardians of the league’s valiant athletes, have aimed their legal bats against four gaming titans, among them Bet365 and DraftKings. At the heart of the dispute is a contention that is as old as celebrity itself: the unauthorized exploitation of the players’ names, images, and likenesses.
The once quiet hum of advertisements and betting sites is now abuzz as the MLBPA filed suit in the grand judicial ballpark of the US District Court for the Eastern District of Pennsylvania. Their quest? To secure compensation and punitive damages from crafters of odds and fantasy, Bet365, and DraftKings. Meanwhile, a parallel battle wages in the New York State Supreme Court, New York County, where the titans FanDuel and Underdog Fantasy stand accused.
A “flagrant” violation, the MLBPA contends, that could blur the lustrous futures and diminish the earnings potential of those who wield bat and glove. For such athletes, their name, image, and likeness are akin to sacred totems of their personal brand, a crucial dividend of their lifelong dedication to the sport. Within the pages of their legal tome, the union eloquently defends this right to control commercial use, a spoil of their substantial career investment.
Line by line, the union dismantles the facade that lies at the intersection of sport and gamble. Athletes, the luminaries of ballgames, frequently grace our screens, endorsing products with their well-earned fame—yet, always for a price. And while some may lend their visage to sportsbook operators, the MLBPA argues that its members should choose if—and how—they endorse wagering. A player’s image emblazoned on a gaming company’s domain suggests a nod to the gambit beneath, whether intentional or not.
DraftKings, now familiar with such legal wrangles, finds itself caught in a second suit of similar fabric pursued by a different band of athletes—the NFL Players Association (NFLPA). Here, nonfungible tokens (NFTs) and digital fantasy games like Reignmakers fan the flames of contention, with claims of unmet financial promises echoing across courtrooms.
It is, perhaps, no accident that the MLBPA entrusts its battle standard to the same law firm championing the NFLPA’s crusade. New York-based Winston & Strawn LLP now brandishes legal expertise in the arena where athletes’ likenesses and the digital realms intersect.
The core argument is simple yet profound: the image of a player, whether it be that of a sporting colossus like Bryce Harper or a rising rookie, entices and encourages the bettor’s hand. Yet the MLBPA asserts that one can wager on the outcome of a Phillies game or Harper’s home runs without the need for his or any other player’s image. This, they claim, is proven by the very sportsbook platforms which, in other sporting domains, refrain from such use.
Celebrity is a commodity, and few shine as brightly as professional athletes. Their heroic statures are brandished by sportsbook operators like DraftKings and FanDuel, known for their prolific and pervasive campaigns. These businesses understand all too well the magnetic pull of a familiar face, and athletes, both current and bygone, reap the rewards when they consign their images to such enterprises.
As the debate ensues over the true worth of an athlete’s name and likeness—a value that shifts like sands between the acclaimed and the obscure—there remains little doubt that these avatars have their price. And it is a steep one, with revered pacts in video games and trading cards, crafted by the MLBPA and NFLPA, tipping the financial scales into the realm of hundreds of millions annually.
It is within this bustling marketplace of fame and finance that the MLBPA now stands, wielding its legal might against Bet365, DraftKings, FanDuel, and Underdog, defending the honor and the worth of those who play America’s beloved pastime. The saga continues, and as it unfolds, more than just the outcome of games may hinge on the power of a name and the visage of a player.
