FanDuel settled its lawsuit concerning the use of MLB player likenesses, according to a court filing Friday.
MLB Players Inc. filed to voluntarily dismiss FanDuel with prejudice pending approval of a settlement by the Southern District Court of New York.
The lawsuit, originally filed in the state’s supreme court, remains against Underdog, the other defendant named in this case. MLBPI also has an ongoing case against bet365 and DraftKings in the Eastern District Court of New York.
FanDuel did not return a request for comment, though Reuters cited a spokesperson who said FanDuel and the union signed a confidential agreement. Underdog declined to comment, citing the ongoing litigation.
FanDuel case slightly different
While none of the operators had a deal in place to use MLB player images on their respective platforms, FanDuel did have a limited agreement to use those images on social media for promotional purposes:
“On information and belief, FanDuel has been granted certain rights to use the names, images, and likenesses of MLB players on promotional materials for its products, subject to certain limitations and MLBPI’s approval rights,” the filing said. “FanDuel has not been granted the right to use the names, images, or likenesses of any MLB players within its FanDuel Sportsbook platform (as opposed to promotional materials).”
Bet365, DraftKings and Underdog were noted in the filings specifically for using player images on social media, including in posts that encouraged betting on the pictured player.
Underdog is primarily a daily fantasy sports operator but does offer sports betting in North Carolina.
Lawyers pointed to lack of NFL photos
Lawyers for MLB Players Inc. noted in the lawsuits that all four sports betting operators treated player props in the NFL differently from MLB player props.
None of the sportsbooks used player images for NFL player props, opting for team logos and player names only.
