News & Analysis as of

Right of Publicity Fantasy Sports

McDermott Will & Emery

No Penalty: Fantasy Football Does Not Violate Players’ Right of Publicity

The US Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of a right of publicity complaint, finding that the fantasy sports operators’ use of player information fell within the “newsworthy value”...more

Polsinelli

Fantasy Sports Sites Win Challenge to Publicity Rights in Indiana

Polsinelli on

Recently, the Seventh Circuit affirmed that fantasy sports operators, such as FanDuel and Draft Kings, do not violate a student athlete’s right of publicity under Indiana law by using their name, image and likeness without...more

Kelley Drye & Warren LLP

Indiana Supreme Court Finds Fantasy Sports Statistics Newsworthy In Right of Publicity Claim

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Plaintiff-Appellants Akeem Daniels, Cameron Stingily, and Nicholas Stoner were collegiate student–athletes between 2014¬2016. Their on-field performances were collected as numerical statistics and published by various...more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

Butler Snow LLP on

On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

McDermott Will & Emery

Seventh Circuit Hands the Ball to State Supreme Court

The US Court of Appeals for the Seventh Circuit asked the Indiana Supreme Court to weigh in on whether the state’s right-of-publicity law gives athletes a right to challenge fantasy sports companies’ websites for using their...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Punts Publicity Rights Dispute

The U.S. Court of Appeals for the Seventh Circuit recently turned to the Indiana Supreme Court for guidance on the issue of publicity rights in a case involving online fantasy sports games....more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Manatt, Phelps & Phillips, LLP

Advertising Law - November 2015 #3

FTC Flushes Claims for "Flushable" Wipes - Reminding advertisers about the importance of environmental marketing claims, the Federal Trade Commission approved a final consent order in an enforcement action against...more

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