FanDuel Argues NCAA Athletes' Likenesses Are Fair Game

Law360, New York (June 28, 2016, 6:56 PM EDT) -- FanDuel asked an Indiana federal court on Tuesday to dismiss it from a putative class action accusing daily fantasy sports operators of profiting off the unauthorized use of the names and likenesses of former NCAA athletes, saying its use was protected by the First Amendment.

FanDuel Inc. filed a motion to dismiss in the case brought by former Northern Illinois University football players Akeem Daniels and Cameron Stingily, and former Indiana University football player Nicholas Stoner. The athletes claim their publicity rights under Indiana state law were violated when FanDuel and its competitor DraftKings Inc. relied on their game performances to...

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