NFL Player Pierre Garcon Files a Lawsuit against FanDuel in Maryland
National Football League (“NFL”) and Washington Redskins wide receiver Pierre Garcon has filed a class-action legal Complaint in the United States District Court for the District of Maryland against the daily fantasy football site FanDuel on behalf of himself and all NFL players. Garcon’s lawsuit alleges that FanDuel is misusing Garson’s, and other players’, names and likenesses without proper licensing or legal permission. Specifically, Garcon’s Complaint alleges that FanDuel knowingly and improperly has been (1) exploiting the popularity and performance of Garcon and other NFL players without authority or valid license and (2) using the names and likenesses of Garcon and other NFL players without consent.
Interestingly, Draft Kings, a daily fantasy football rival to FanDuel, was not included in Garcon’s lawsuit, possibly because the NFL players association currently has a licensing agreement with Draft Kings.
Garcon’s representative has stated on his behalf that, “I am bringing this lawsuit against FanDuel for using my name, image, and likeness in both daily fantasy contests and through advertising on TV ads and infomercials. FanDuel has taken the liberty to engage in these actions without my consent and without proper licensing rights. As a result of these activities, FanDuel daily fantasy contests have shown increasing revenues leading to large profits. Therefore, on behalf of myself as well as any other players who are being treated unjustly, I chose to file a complaint.”
FanDuel has publicly responded to the lawsuit, asserting that, “We believe this 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.”
Legally, FanDuel may be referring to the 2006 decision in CBC Distribution and Marketing, Inc., v. Major League Baseball Advanced Media where a Federal court ruled specifically that:
players do not have a right of publicity in their names and playing records as used in CBC’s fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment takes precedence over such a right. The court further finds that the undisputed facts establish that the names and playing records of Major League baseball players as used in CBC’s fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right of publicity
However, Garcon appears to be alleging a broader use of the NFL, NFL Teams, and NFL players than was alleged in the CDM vs. MLBAM case. Ultimately, the success or failure of Garcon’s lawsuit will likely turn on a very fact-specific analysis. The degree to which the name, image, and likeness of the NFL, NFL Teams, and NFL players have been utilized by FanDuel without consent or license will be proffered (and countered by FanDuel) in the District Court.
Longman & Van Grack’s civil litigation, sports law, and patent law attorneys regularly represent clients in many different legal disputes, and we have multiple attorneys who are certified to practice in the United States District Court for the District of Maryland. Adam Van Grack, Ted Kiviat, Ken Fagin, and Sat Nam Khalsa have assisted many clients through countless complex legal problems. If you would like to contact one of our attorneys, you can reach us at (301) 291-5027.
