Tag Archives: pierre garcon

Here’s why an NFL player is suing FanDuel, Ironically

pierre garcon, redskins, washington redskins, fanduel, fantasy football, nfl, draft kings
Washington Redskins wide receiver Pierre Garcon looks on late in the fourth quarter in a game between the Redskins and New York Giants at MetLife Stadium on December 14, 2014 in East Rutherford, NJ. Photograph by Ricky Carioti — The Washington Post/Getty Images

It’s not about gambling.

Amidst ongoing scrutiny of daily fantasy sports companies, Washington Redskins wide receiver Pierre Garçon, through his attorney, filed a class action lawsuit against FanDuel on Friday.

There has been a slew of class action lawsuits brought against FanDuel and its competitor DraftKings in the past few weeks, but they have been brought by users of the companies alleging unfair play by insiders. The lawsuits came in the wake of a major scandal over a DraftKings employee who won $250,000 playing on FanDuel.

But Garçon’s lawsuit is different. It’s not about insider play, nor is it concerned with whether daily fantasy sports is gambling, which has been the focus of recent regulatory scrutiny. It’s about player permission, and whether FanDuel illegally uses player names and likenesses. He has filed it “on behalf” of all NFL players, but for now the suit is coming only from Garçon.

According to a statement released by Garçon’s lawyers, the receiver argues that FanDuel, “knowingly and improperly exploits the popularity and performance of Garçon, along with all the other National Football League (“NFL”) players at offensive skilled positions without their authority or a valid license.”

The complaint also addresses FanDuel’s advertising: “Through a comprehensive television advertising campaign… FanDuel routinely uses the names and likenesses of some of these NFL players without authorization to promote FanDuel’s commercial enterprise.”

In other words, the lawsuit addresses two different realms: the product itself (FanDuel’s website and app, where it uses player names and a small photo of each) and the company’s ads. To the former complaint, there is some legal precedent that favors FanDuel, though it was in a different sport: in 2006 a federal judge ruled that fantasy sports leagues can use the names and likenesses of MLB players. The latter may be the stronger argument for Garçon: Last month, DraftKings scored a deal with the NFL Players’ Association that allows the company to use any NFL players in its advertisements with or without the player’s individual permission; this is why DraftKings isn’t part of Garçon’s lawsuit.

FanDuel has no such deal. It has not used Garçon’s face in its advertisements (in fact FanDuel has sought to differentiate its advertising from DraftKings by utilizing regular people, not celebrity spokespeople), but it has shown screens with his name listed among other players.

“I am bringing this lawsuit against FanDuel for using my name, image, and likeness in both daily fantasy contests and through advertising on TV ads and infomercials,” Garçon said in a statement. But as Twitter users were quick to point out on Friday, the suit represents a change of heart by the receiver, who repeatedly shilled for FanDuel in the past, up until one year ago.

It’s not about gambling.

Amidst ongoing scrutiny of daily fantasy sports companies, Washington Redskins wide receiver Pierre Garçon, through his attorney, filed a class action lawsuit against FanDuel on Friday.

There has been a slew of class action lawsuits brought against FanDuel and its competitor DraftKings in the past few weeks, but they have been brought by users of the companies alleging unfair play by insiders. The lawsuits came in the wake of a major scandal over a DraftKings employee who won $250,000 playing on FanDuel.

But Garçon’s lawsuit is different. It’s not about insider play, nor is it concerned with whether daily fantasy sports is gambling, which has been the focus of recent regulatory scrutiny. It’s about player permission, and whether FanDuel illegally uses player names and likenesses. He has filed it “on behalf” of all NFL players, but for now the suit is coming only from Garçon.

According to a statement released by Garçon’s lawyers, the receiver argues that FanDuel, “knowingly and improperly exploits the popularity and performance of Garçon, along with all the other National Football League (“NFL”) players at offensive skilled positions without their authority or a valid license.”

The complaint also addresses FanDuel’s advertising: “Through a comprehensive television advertising campaign… FanDuel routinely uses the names and likenesses of some of these NFL players without authorization to promote FanDuel’s commercial enterprise.”

In other words, the lawsuit addresses two different realms: the product itself (FanDuel’s website and app, where it uses player names and a small photo of each) and the company’s ads. To the former complaint, there is some legal precedent that favors FanDuel, though it was in a different sport: in 2006 a federal judge ruled that fantasy sports leagues can use the names and likenesses of MLB players. The latter may be the stronger argument for Garçon: Last month, DraftKings scored a deal with the NFL Players’ Association that allows the company to use any NFL players in its advertisements with or without the player’s individual permission; this is why DraftKings isn’t part of Garçon’s lawsuit.

FanDuel has no such deal. It has not used Garçon’s face in its advertisements (in fact FanDuel has sought to differentiate its advertising from DraftKings by utilizing regular people, not celebrity spokespeople), but it has shown screens with his name listed among other players.

“I am bringing this lawsuit against FanDuel for using my name, image, and likeness in both daily fantasy contests and through advertising on TV ads and infomercials,” Garçon said in a statement. But as Twitter users were quick to point out on Friday, the suit represents a change of heart by the receiver, who repeatedly shilled for FanDuel in the past, up until one year ago.

This lawsuit has a lot in common with UCLA basketball alum Ed O’Bannon’s much-publicized class action lawsuit against the NCAA over compensation for college athletes. When O’Bannon first filed in 2009, his claim named EA Games as a co-defendant, for using player likenesses without consent. He was successful in that part of his suit; in 2014 the video game company settled for $40 million.

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Tom Brady Ready For Rex Ryan’s Jets: ‘He Tests Every Part Of Your Game’

CBS Boston

BOSTON (CBS) — Tom Brady has had his share of frustrating evenings against Rex Ryan and the New York Jets, even admitting to having some severe dislike for the franchise.

Back in 2010, Brady made headlines for saying “I hate the Jets.” But while the Patriots quarterback may not like them on or off the field, he certainly respects the team.

The Patriots are 4-2 and atop the AFC East heading into Thursday night’s game, as they’ve figured out most of their issues over the last couple of weeks to propel them to wins over the Cincinnati Bengals and Buffalo Bills. The Jets on the other hand are in a bit of a tailspin, losers of five straight, with a head coach and quarterback both on the proverbial hot seat.

But even though Ryan is coaching for a job, Tom Brady still knows he’s in for a difficult night on Thursday…

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NY Jets’ Milliner torn Achilles, Winters torn ACL, out for season | Jets embattled GM

One Jet Drive

NY Jets’ Injury prone cornerback Dee Milliner has torn Achilles after attempting a comeback from his August 10, 2014 High Ankle Sprain.

Offensive Linemen, Left Guard, Brian Winters tore his ACL in Sunday’s game against the Denver Broncos and was replaced by Oday Aboushi.

Both starters are now officially out for the remainder of the 2014 Season. season having been placed on injured reserve Monday.
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The Jets defensive secondary, already in shambles due to the failure of second year General manager, John Idzik, to draft or sign during free agency any meaningful players are now in a deeper hole.

“He’s the 32nd-ranked NFL GM. And it’s not even close,” a league source told The News about Idzik. “The past two years = incompetence.”


Still, the Jets held out high hopes for Milliner this year.
Jets fans Recall Milliner’s proclamation of his being the best cornerback in the league.

Short on…

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SNEAK PEEK – “Doug Flutie: A Football Life”

They Call It Pro Football - Official Blog of NFL Films

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By Rob Gill, Co-Producer

EDITOR’S NOTE: “DOUG FLUTIE: A Football Life” premieres Friday, October 17 at 9pm/ET on NFL Network.

Last May, the National Football League cognoscenti and “insiders” couldn’t stop gushing about an undersized, ad-libbing quarterback dynamo who had transformed the perception of his college program. The group-think among those whose opinions mattered ensured he’d become a 1st round pick. The only mystery was exactly how high he’d be selected. Ultimately, the Cleveland Browns chose Doug Flutie 2.0, Johnny Manziel, with the 22nd pick of the 2014 NFL Draft. They even gave him one of Flutie’s uncommon uniform numbers.


Now, week after week, Manziel spends his time precisely the same place The Original Doug Flutie often found himself during his NFL career: the bench. But that’s where the similarities between the two quarterbacks end, because while there was a seemingly endless…

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