Pierre Garcon sues Fanduel

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Here is another article from the Washington Post:


Redskins wide receiver Pierre Garcon has filed a class action lawsuit on behalf of all NFL players against fantasy football site FanDuel.

The lawsuit was filed in the United States District Court of Maryland. According to a news release issued by Garcon’s representatives, the receiver alleges that FanDuel “in the operation and sale of its online fantasy football gaming product, FanDuel knowingly and improperly exploits the popularity and performance of Garçon, along with all the other National Football League (“NFL”) players at offensive skilled positions without their authority or a valid license. In addition, through a comprehensive television advertising campaign, Defendant FanDuel routinely uses the names and likenesses of some of these NFL players without authorization to promote FanDuel’s commercial enterprise, collecting huge revenues from entry fees.”

The release went on to say “Neither Mr. Garçon nor the NFL players he seeks to act on behalf of have given their consent to FanDuel’s blatant misappropriation of their publicity rights. Nevertheless, FanDuel continues to promote and to operate its daily fantasy football gaming product on the backs of NFL players like Mr. Garçon, whose popularity and performance make FanDuel’s entire business model possible.”

In a statement issued by his agent, Garcon said, ” 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.

“I have been advised by my attorney’s not to speak any further on the topic while the case is pending. Any other questions regarding this matter can be addressed to my agent, Brad Cicala.”
 

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Garcon
 

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You know the guy kinda has a case.
Im not a fan of crazy lawsuits but its kinda the same principle as the Madden video games

EA Sports pays for exclusive rights to be the only video game that can use NFL players.

They are using NFL players names.

These companies are going to have to go public soon.

The overhead is about to get crazy.

The business model is about to get tested.

Maybe FD and DK will combine with each other.
 

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Hope the NFL players win this baby. I'm so sick of FanDuel and DraftKings and whatever else fantasy commercial flood games now. Sink those bastards.
 

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Hope the NFL players win this baby. I'm so sick of FanDuel and DraftKings and whatever else fantasy commercial flood games now. Sink those bastards.

Based on the past I have a feeling that they will win.
I dont know which one the NFL has an investment in but this is not good for the one that it does not.

If they make these companies bid for exclusive rights to use NFL players names like they do for the video games it would basically put the other one out of business.

Or maybe one will buy the NFL rights.
Another one will buy the NBA and MLB rights.

Or maybe the NFL will just make both of them pay a huge license fee and they both can use it.
 

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Hope the NFL players win this baby. I'm so sick of FanDuel and DraftKings and whatever else fantasy commercial flood games now. Sink those bastards.

My thoughts exactly... 1-2 commercials a game is fine. But, man, they flood it with at least 1 or 2 every freaking commercial break, during every game that's on TV. It gets old and tiring really fast!
 

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I would have to think the players association has a good case here.

I dont why people want it gone, it's another chance to make money.
 

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Notice how the lawsuit is for FD and not DK? DK has an agreement with the Players association.

sorry haters.
 

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Based on the past I have a feeling that they will win.
I dont know which one the NFL has an investment in but this is not good for the one that it does not.

If they make these companies bid for exclusive rights to use NFL players names like they do for the video games it would basically put the other one out of business.

Or maybe one will buy the NFL rights.
Another one will buy the NBA and MLB rights.

Or maybe the NFL will just make both of them pay a huge license fee and they both can use it.


Probably this.

Just another person you send an envelope to and then it is fine.
 

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The deeper these sports leagues and media get involved in these sites the more it increases the odds that this stuff will hang around.
If the NFL gets fully involved that would be good for my state because Louisiana has an NFL and NBA team. Im sure the leagues would nudge the people in states with professional teams to legalize it if they have any involvement.
 

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Don't see this going anywhere. They couldn't stop Vegas from using names. It's gambling they're selling, not the players likeness.
 

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This type of case has been tried quite a few times. Unsuccessfully. First Amendment will continue to trump player/league arguments in my opinion.
 
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I hate garçon. Hope he tears both acl's. This sob once called out Peyton. Enjoy your stay in Indy u stupid haotion guy. Put him in the class of " I think I am better than I really am"
 
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Just wondering - what is the story with season long fantasy. Do all the sites that have season long leagues have to pay leagues to use the players names?
 

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Just wondering - what is the story with season long fantasy. Do all the sites that have season long leagues have to pay leagues to use the players names?

No. I'm sure some pay to be the "official" fantasy provider or to otherwise advertise themselves, but many cases have held that these fantasy sites do NOT have to pay licensing rights to the league. They're essentially using the players' names and their stats which is pretty much a part of the public domain the same way my local newspaper can write a story about the players.
 

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