Athletes Tell 7th Circ. They're Cards In Online 'Casinos'

Law360, Chicago (January 31, 2018, 7:31 PM EST) -- FanDuel and DraftKings can't rely on exceptions for news in Indiana's right of publicity statute to cover their use of college athletes' images because the websites do nothing more than promote illegal gambling, a proposed class of the players told the Seventh Circuit on Tuesday.

The online fantasy sports leagues can't use exceptions within the statute meant for material that is newsworthy or in the public interest because the sites have nothing to do with the news and are operating businesses illegal in Indiana, the athletes told the appellate court.

Although the companies compared themselves to ESPN or CBS in their initial brief...

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