Federal Lawsuit Claims DraftKings Illegally Uses Bryce Harper’s Image
The suit, filed in Philadelphia's federal court, also names Bet365 and alleges that other MLB player images are being used illegally as well.
Phillies player Bryce Harper, whose name just came up in a lawsuit filed against the DraftKings betting app (Getty Images)
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DraftKings Illegally Uses Images of Bryce Harper and Other MLB Players, Claims Federal Lawsuit
The Major League Baseball Players Association, the labor union representing MLB players, just filed a lawsuit against online betting companies DraftKings and Bet365, alleging that the companies illegally use photos of Bryce Harper and other Major League Baseball players within their apps.
The MLBPA filed the lawsuit on Monday in Philadelphia’s federal court. DraftKings and Bet365 have been around since the late 2010s but, according to the lawsuit, only began using photos of the players in the apps sometime earlier this year.
Here are a couple of screenshots from the DraftKings app showing Harper and other Phillies players:
(images via court exhibit/fair use)
The lawsuit claims that DraftKings and Bet365 do not have permission to use player photos and alleges that the photos aren’t used merely for informational purposes. DraftKings isn’t just using the photo to say “this is what Bryce Harper looks like” — they are also using the photos for promotional purposes, alleges the suit. “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,” reads the suit.
At another point, the lawsuit sums it up thusly:
The process for placing a bet in person at retail sportsbooks, which are usually located inside casinos, has remained largely the same since 1949: a bettor goes to the sportsbook, reviews large boards or screens that list out the active bets, selects their bets, and provides their selected bets and payment to either a clerk, or, in more technologically savvy sportsbooks, to a self-serve kiosk. The boards listing the active bets display nothing but the bets themselves—there are no team logos, no photos of the athletes, and not even so much as an icon representing the sport on which the bet is placed. What was true in 1949 remains true in 2024: a bettor did not need a picture of Richie Ashburn (or Bryce Harper) to place a bet.
The lawsuit calls the unlicensed use of the photos a “flagrant violation” of the law and seeks compensatory and punitive damages against DraftKings and Bet365.
You can read the full lawsuit for yourself here.
MLBPA filed a separate suit in New York naming betting apps FanDuel and Underdog as defendants.
The defendants have yet to publicly comment on the lawsuits.
Oops
No, Philadelphia Eagles. Election Day is not November 3rd. It’s November 5th. Please fix your sign. (But thank you for encouraging people to vote!)
One of Those Funny/Not Funny Things
Remember when Donald Trump came to Philly for The Biggest Rally Ever at Temple University not so long ago? Well, the political comedians known as the Good Liars showed up with their cameras rolling to interview the good people in attendance. They just released the video yesterday. Gotta love the guy who is standing in the blazing sun (the heat index was something like 105 that day) wearing a hefty Trump sweatshirt because it was the only Trump merch he owns. Also gotta love the guy who just refuses to believe that guns are the leading cause of death for American children. Because it’s just gotta be a Deep State conspiracy, right bruh?
Another Funny/Not Funny Thing
The Daily Show sent a correspondent to Philadelphia to investigate the city’s “courtesy towing” program.
By the Numbers
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6: Point lead the Eagles had over the Falcons last night at the Linc with 65 second left in the game. But then bad things happened in Philadelphia. And we lost it all by one stinkin’ point. Next up, we take on the Saints in New Orleans. Sunday at 1 p.m. We won’t be home again until October 13th, when the Browns visit the Linc. Also last night, the Phillies played. Also last night, the Phillies lost.
10:35 p.m.: Time tonight when this month’s fall supermoon will be at peak illumination. Alas, it’s looking pretty cloudy. But if the clouds clear up a bit, you should have something nice to throw up on your Instagram.
Local Talent
With all this talk about people eating cats, it’s good to know that the Philly performer known as “CAT DADDY *onthebass” (yes, that is how the name is written out and, yes, our copyeditors hate that kind of stuff) is alive and well and playing at Johnny Brenda’s tonight. CAT DADDY *onthebass is said to be part human, part cat, part bass-playing prodigy. The bill is rounded out by the likes of Kitty Rotten and Maria Topcatt. And, no, I have no idea what is going on here. But, hey, it’s only $12 to get in.
If this all sounds too performance art-y for you, there’s always Philly rock-and-roll band The War On Drugs at the Mann this eve. Some Philly music scene trivia for you: The woman who plays keyboards for The War On Drugs is the vocal coach for the Eagles players who do the Christmas albums. She also makes quilts that are music. (Yes, you read that right.) You can’t make this stuff up.
