Former football players from Northern Illinois University and Indiana University brought suit against fantasy sports websites FanDuel and DraftKings for using their likenesses without consent. After the district court dismissed the case, the 7th Circuit asked the Indiana Supreme Court to rule because of the lack of developed case law surrounding Indiana’s right of publicity statute with regards to sports. The Indiana Supreme Court could weigh in on both the right of publicity issues as well as the legality of the sites’ fantasy games.
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This article was submitted by James Nussbaum, Indiana University. If you would like to submit content or write an article for the Sports & Entertainment Law Section, please email Kara Sikorski at ksikorski@indybar.org.