Sep 6, 2024; Miami, Florida, USA; Philadelphia Phillies first baseman Bryce Harper (3) prepares for the game against the Miami Marlins at loanDepot Park. Mandatory Credit: Sam Navarro-Imagn Images Sam Navarro
The Major League Baseball Players Association (MLBPA) filed a lawsuit against DraftKings and Bet 365 earlier this week in Philadelphia's federal court that alleges that the betting giants have been using photos of players like Bryce Harper within their apps without permission.
This story was first reported on by Victor Fiorillo of Philly Mag, who obtained the full lawsuit and images contained within the apps and on social media accounts that use the likeness of not only Harper, but seemingly just about any notable MLB player you can think of.
"Despite not being licensed by MLBPI to use MLB player images, DraftKings and bet365, upon information and belief, began featuring dozens of such images prominently throughout their online and mobile DraftKings Sportsbook and bet365 sportsbook betting platforms sometime in early 2024. Indeed, nearly every active MLB player’s image is displayed on Defendants’ websites and mobile apps. 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.
"Defendants’ use of player images within their sports book platforms is not merely informational—it is promotional. Users could bet that the Phillies will beat the Marlins, or thatBryce Harper will hit more than two home runs in a given game, without seeing Harper’s valuable image."
The first images of Harper and the Phillies are from the DraftKings app, while the ones below of Chris Sale and Aaron Judge were on the Bet 365 Instagram account.
Perhaps the most damning part of the lawsuit is that the MLBPA points out that "despite the fact that the 2024-25 football season just began, neither platform features images of NFL players."
The MLBPA is asking that the companies are forced to immediately and permanently stop using the name, image and likenesses of the players "in advertising and promotions for their sportsbook platforms" without permission. They are seeking a jury trial "with compensatory and punitive damages in an amount to be determined at trial."
