Fantasy Football and Right of Publicity

Athletes and celebrities have always been concerned with protecting their rights, including the right of publicity which protects them from the unauthorized use of their name and likeness for commercial (and other) gain.  The latest chapter in this arena involves a class action lawsuit filed last week by several football players, including the Redskin’s Pierre Garcon, against the operator of fantasy football site “FanDuel.”  The suit alleges that FanDuel is violating the players’ right of publicity through the site’s unauthorized use of the players’ name and likeness.  Be advised that the unauthorized use of an athlete’s or celebrity’s name or likeness is very risky especially when use is for commercial purposes.