MLB players union sues gambling sites including DraftKings, Bet365 over use of players’ images for bets

On Monday, the MLB Players Association filed separate lawsuits in New York and Pennsylvania, alleging that sports betting and fantasy baseball companies DraftKings, FanDuel, Underdog, and bet365 wrongfully used the names and likenesses of MLB players. The lawsuits allege those companies used player names and imaging for prop bets despite having no license to do so.

The lawsuits, obtained by CBS Sports, were filed by MLB Players Inc., which handles the union’s business matters. According to the filing, the sites began featuring images of players on their betting platforms in early 2024, despite not being licensed by MLBPI. 

“Indeed, nearly every active MLB player’s image is displayed on defendants’ websites and mobile apps,” the lawsuit reads. “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.”

Using the images, the lawsuit argues, is unnecessary, as the platforms do not do the same for NFL players.

“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 reads.

“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.”

The MLBPA also argues that the appearance of player likenesses on these platforms could imply their endorsement of sports betting in general, or of the platform being used. Sports betting advertisements are pervasive during game broadcasts, so it would be easy to assume the MLBPA has licensed player names and likenesses to these companies, but that is not the case.

Spokespeople for DraftKings and Underdog did not immediately return requests for comment from CBS Sports. A spokesperson for FanDuel declined to comment.

The lawsuit requests a jury trial and said that monetary damages could exceed $150,000.

Last month, the MLBPA filed a lawsuit against the Pittsburgh Pirates and Sheetz, a local gas station chain, over wrongful use of player names and likenesses. The Pirates announced a jersey advertisement deal with Sheetz in June, but the MLBPA said that the team and company did not have authority to use more than two players in its campaigns. That lawsuit was settled out of court.