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DANIELS v. FANDUEL, INC.

No. 17-3051.

909 F.3d 876 (2018)

Akeem DANIELS, Cameron Stingily, and Nicholas Stoner, Plaintiffs-Appellants, v. FANDUEL, INC., and Draftkings, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 2018.

Attorney(s) appearing for the Case

Stephen Barry Caplin , Attorney, STEPHEN B. CAPLIN PROFESSIONAL CORPORATION, Indianapolis, IN, William Clifton Holmes , Attorney, HOLMES LAW GROUP, LTD, Chicago, IL, Todd L. McLawhorn , Attorney, SIPRUT PC, Chicago, IL, for Plaintiffs-Appellants.

Ishan Bhabha , Attorney, Kenneth L. Doroshow , Attorney, Ian Heath Gershengorn , Attorney, JENNER & BLOCK LLP, Washington, DC, Philip R. Zimmerly , Attorney, BOSE McKINNEY & EVANS, LLP, Indianapolis, IN, for Defendant-Appellee Fanduel, Inc. Damien J. Marshall , Attorney, Leigh Nathanson , Attorney, BOIES, SCHILLER & FLEXNER LLP, New York, NY, John Robert Maley , Attorney, BARNES & THORNBURG LLP, Indianapolis, IN, for Defendant-Appellee Draftkings, Inc.

Before Bauer, Easterbrook, and Rovner, Circuit Judges.

Three former college football players contend that online fantasy-sports games violate their statutory right of publicity under Indiana law. The proprietors of these games reply that two exceptions, Ind. Code § 32-36-1-1(c)(l)(B), (c)(3), permit them to use players' names, likenesses, and statistics without...

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