The Major League Baseball (MLB) player’s union has filed a lawsuit against major sportsbook operators, including FanDuel and DraftKings, for using the likenesses and names of players in marketing campaigns without the necessary permission to do so. This could have a major knock-on impact on how operators promote player prop bets if the plaintiffs are successful.

A complaint filed on Monday in a Manhattan state court named Underdog Fantasy and FanDuel as defendants, while a lawsuit in a Philadelphia federal court relates to Bet365 Group and DraftKings.

punitive and compensatory damages for what the union claims are “flagrant” violations

The plaintiffs want punitive and compensatory damages for what the union claims are “flagrant” violations that protect the publicity rights of almost all active players in the big leagues. The lawsuits contend that commercial usage of likenesses and names is integral for professional sportspeople for the “return on their substantial career investment.”

The NFL Players Association also went after DraftKings recently for not compensating players after using their likenesses when releasing non-fungible tokens (NFTs). The same law firm is representing the MLB and NFL players.