MLB players’ union sues DraftKings and Bet365 over use of images of Bryce Harper and other players

DraftKings Sportsbook and Bet365 have been using images of Bryce Harper and other pro baseball players on their betting platforms and in ads without permission, the MLB players’ union claims in a federal lawsuit filed this week.

MLB Player Inc., a for-profit subsidiary of the MLB Players Association that represents the athletes’ commercial interests, sued the sportsbooks for using images of players in promotional materials without authorization. The images are featured on the apps when offering bets, and in social media ads.

The lawsuit was filed in the Eastern District of Pennsylvania on Monday. And while the complaint is about the general use of MLB players’ likenesses throughout the apps, its draws heavily on examples from Philadelphia sports.

“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 states.

The players’ union compares the way the sportsbooks use images of MLB and NFL players, with examples from Philadelphia Eagles-related bets. App pages related to the Eagles, including featured bets and team roster pages, do not feature images of the football players, while images of Phillies players are used throughout the apps.

The organization wants a federal judge to order the sportsbooks to stop using “player names, images, and likenesses in advertising and promotions for their sportsbook platforms,” according to the complaint.

The lawsuit also asks that the sportsbooks pay MLB players from the profits from advertising that used their photos, in addition to damages for the alleged unauthorized use.

“For professional athletes, the ability to control the commercial use of their names, images, and likenesses (commonly referred to as the ‘right of publicity’) is a crucial return on their substantial career investment,” the players’ union said in the lawsuit.

DraftKings and the U.K.-based Bet365 did not respond to requests for comment. Diana Leiden, of the Winston and Strawn law firm that represents MLB Players Inc., and the players’ union declined to comment.

The player organization also filed a lawsuit against FanDuel and UnderDog sportsbooks in a New York state court Monday, similarly alleging wrongful use of MLB players’ images and names.