DraftKings Fails to Escape MLB Players Union NIL Lawsuit

DraftKings Inc. must face a lawsuit from a unit of the Major League Baseball Players Association accusing the sports-betting platform of violating publicity laws by using athletes’ images and names without permission.

It’s too early to decide whether DraftKing’s use of player photos is exempt from right-of-publicity claims under a public interest exception, Judge Karen S. Marston said in a March 14 memorandum docketed Monday in the US District Court for the Eastern District of Pennsylvania.

Pennsylvania law prohibits the unauthorized use of a person’s valuable “name or likeness” for “any commercial or advertising purpose,” with an exception for use ...