NFL player files class-action lawsuit in image rights dispute
A National Football League (NFL) player has targeted online sports fantasy company FanDuel in a class-action lawsuit, alleging that the company uses the image rights of players without permission to generate revenue.
Leading the claim is Washington Redskins player Pierre Garçon, who filed the complaint at the US District Court for the District of Maryland on Friday, October 30, and is seeking class certification.
“FanDuel routinely uses the names and likenesses of these NFL players to promote FanDuel’s commercial enterprise, collecting huge revenues from entry fees, without the authority of Garçon or the other NFL players,” the court document stated.
“Defendant knowingly exploits plaintiff Garçon’s and these players’ valuable publicity rights for its own financial gain through its all-inclusive advertising campaign and various daily fantasy sports products,” the court document added.
Every week FanDuel offers users a chance to win money by selecting a team of NFL players based on a specified budget. Unlike some other fantasy sport services, FanDuel’s “one-day leagues” allow users to set up a new team every week as opposed to once in the entire season.
When selecting a team, users are presented with the images and names of the players, which Garçon claimed amounts to infringement. Also, according to the complaint, FanDuel is creating a false association with the players by promoting its service in advertisements using the names of Garçon and other well-known NFL players.
Last year, FanDuel generated $57 million in revenue and handed out more than $500 million in cash prizes to users. This year, the value of cash prizes is set increase to almost $2 billion.
FanDuel said Garçon’s suit is “ without merit”.
“There is established law that fantasy operators may use player names and statistics for fantasy contests. FanDuel looks forward to continuing to operate our contests which sports fans everywhere have come to love,” the company added.
J. Michael Keyes, partner at law firm Dorsey & Whitney, said that if Garçon’s claim is successful there could be a major shift in how the fantasy sports industry operates.
“The lawsuit is significant. Daily fantasy sports companies like FanDuel are generating huge profits and a massive, loyal following of NFL enthusiasts. If Garçon prevails on his claims, he—and others similarly situated—will likely be entitled to recover at least some portion of those profits.
“Further, because Garçon seeks injunctive relief against future use of his name, image, or likeness, an injunction will dramatically affect how these companies operate going forward,” he added.
