A federal district judge, Karen Marston, has advanced a lawsuit by MLB Players Inc. against DraftKings and Bet365, asserting that the use of MLB players' images in betting products constitutes advertising. The judge dismissed a duplicative claim but upheld allegations of misappropriation of publicity and unjust enrichment, stressing the commercial worth of even lesser-known players’ NILs. This case's implications could reach beyond sports betting, potentially redefining how athletes' identities in promotions are perceived within various sectors of the sports industry.
Marston reasoned MLBPI has plausibly alleged even "lesser known" players have a "valuable interest" in their NIL, indicating the commercial value often overlooked.
The judge's detailed opinion suggests a critical shift in how athletes' NIL rights can be viewed, highlighting the blurred lines between news sharing and advertising.
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