Redskins WR Pierre Garcon on Friday in federal court in Maryland accused FanDuel "of making its money 'on the backs of NFL players' in a class action lawsuit that asks a judge to make the company hand over all of its profits from daily fantasy games," according to Brian Dowling of the BOSTON HERALD. Garcon's lawyers wrote FanDuel "owes its success operating these daily fantasy football contests to NFL players … whose names and likenesses make FanDuel’s games possible. Without them and their on-the-field success, daily fantasy football would not exist." FanDuel PR Manager Emily Bass said that the lawsuit "lacks merit." She added, "There is established law that fantasy operators may use player names and statistics for fantasy contests." Dowling noted DFS site DraftKings "has a partnership with the NFL players’ union that allows it to use player names and likenesses" (BOSTON HERALD, 10/31). USA TODAY's Brent Schrotenboer noted Garcon "was paid by FanDuel to promote the company's games last year, but the relationship was later abandoned." His suit "seeks unspecified damages" (USATODAY.com, 10/31). In N.Y., Lisa Fickenscher noted the lawsuit "is just the latest turbulence to hit the fantasy-sports industry." Garcon's lawyer Brian Murphy said, "(DraftKings) pays royalties to the players. I don’t know why FanDuel does not have [a similar agreement]" (N.Y. POST, 10/31).
ANOTHER BLOW: In DC, Adam Kilgore wrote the lawsuit is seen as "striking another blow to a nascent industry already reeling from the harsh reaction to its swift emergence." The suit "adds to a litany of problems facing FanDuel and DraftKings." Garcon’s suit "presents another challenge for a young industry caught off guard by the response to its rapid growth." Garcon contends that the protection for player names and statistics "should not carry over to daily fantasy operators." Murphy said, "The real analysis will come down to whether there’s a legitimate need for First Amendment protection. We don’t think there is. It’s nothing but a commercial enterprise" (WASHINGTON POST, 10/31).
LEAVING LAS VEGAS: The Fantasy Sports Trade Association will hold its annual Winter Convention Jan. 19-20 in Dallas, one of the tangible fallouts of Nevada’s recent move to require daily fantasy operators to either require a gambling license or cease operations in the state. The FSTA traditionally has held the convention at the Bellagio in Las Vegas, but quickly moved to find an alternate locale after Nevada’s move, and the event will now be at the Omni Hotel in downtown Dallas (Eric Fisher, Staff Writer).
