Published
Legal & RegulatorySports Betting

DraftKings and Fanduel win college football lawsuit

US d

draftkingsfanduel
aily fantasy sports heavyweights DraftKings and Fanduel have won a $5m class action lawsuit against three college football players over the use of the players likenesses in their DFS games.

Former northern Illinois University football players Akeem Daniels, Cameron Stingily and Nicholas Stoner accused the two DFS sites of using their names and likenesses unlawfully, filing a legal suit against the companies in 2016.

At the time of the filing, both DraftKings and FanDuel offered contests based on real world college football and basketball teams, however they would later discontinue their college-based DFS contests as part of an agreement with the NCAA in March 2016.

The players alleged that such usage violated the players’ right of publicity which is guaranteed under Indiana state law. The law concerned states that a “person may not use an aspect of a personality’s right of publicity for a commercial purpose during the personality’s lifetime or for 100 years after the date of the personality’s death without having obtained previous written consent.”

In response, FanDuel and DraftKings asserted that the use of the player’s likenesses was exempt from the general regulations of the Indiana statute, under the First Amendment to the US Constitution and that US copyright law shielded them from liability.

Considering these arguments, US District Court judge for the southern district of Indiana, Tanya Pratt dismissed the first amendment claims by DraftKings and Fanduel but stated: “The Court has determined that at least two of the statutory exceptions to Ind. Code § 32- 36-1-8(a) apply, which removes Defendants conduct from coverage under Indiana’s right of publicity statute.“

“For the reasons explained in this Entry, the Defendants’ Motions to Dismiss, (Filing No. 26; Filing No. 28), are granted and Plaintiffs’ Motion for Leave to File Surreply (Filing No. 60) is denied as moot.”

Both Draftkings and Fanduel have declined to comment following the ruling.
Premium+ Connections
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium
 
Premium Connections
Consultancy
Executive Profiles
Chicken Ranch Casino
The Responsible Gambling Affiliate Association (RGAA)
Catena Media
Gambling Commission
Follow Us
The most prestigious Awards in the industry are heading to the Philippines! The Global Gaming Awards Asia-Pacific will recognise and reward (as the name suggests) the strongest performers from the Asia-Pacific gaming industry across the previous 12 months.
This year's winners will be announced at a luncheon ceremony on Day 2 of SiGMA Asia, 4th June, in Manila.
The eleventh annual Global Gaming Awards Americas will recognize and reward the gaming industry's strongest performers across the previous 12 months. These are the most prestigious and trusted Awards in the industry and have gained respect amongst industry heavyweights, due to the strict rules and procedures put in place.

Facing Facts: Operator Q3s from across the globe

Gambling Insider compares Q3 2023 results from major gamblin...

Taking Stock: Operators and suppliers across the world

Sticking with our theme of gambling across the globe, Gambli...

CEO Special: Jade Entertainment and Gaming CEO Joe Pisano - down to earth

Jade Entertainment and Gaming CEO Joe Pisano speaks to Gambl...

CEO Special: Betfred CEO Joanne Whittaker - saying it as it is

Betfred CEO Joanne Whittaker joins Gambling Insider Editor T...