On July 7, 2009, Yahoo’s lawsuit against the NFL Players Association was dismissed without prejudice after the two parties entered a settlement. For the time being, this ends litigation that Yahoo commenced at the beginning of June to declare that Yahoo didn’t need authorization to use football players’ images, names and statistics in its fantasy football game. Because the case was dismissed without prejudice, the possibility remains that it may be brought again.
According to the Associated Press, the terms of the settlement haven’t been made public which is unfortunate because, as FantasySportsBusiness.com notes, it would be interesting to see the concessions each side made. Perhaps Yahoo was willing to compromise on licensing fees and forego protracted litigation to protect a business relationship stretching beyond fantasy sports.
The NFLPA is currently appealing the April decision of the similar case National Football League Players Inc. v. CBS Interactive Inc. to the 8th Circuit. The district court found that CBS enjoyed a First Amendment right to use the publicly available players’ names and statistics that prevailed over any right of publicity. In a fantasy baseball case from 2007 (C.B.C. Distribution and Marketing Inc. v. MLB Advanced Media), the 8th Circuit ruled that a fantasy baseball provider didn’t have to pay royalties to baseball players. Because the district court from CBS Interactive relied heavily on the 8th Circuit’s C.B.C. opinion, it seems unlikely that the NFLPA will win its appeal.