Daniels v. Fanduel, Inc.

Easterbrook, Circuit Judge.

*877Three 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 compensation. The district court, agreeing with that argument, dismissed the suit on the pleadings. 2017 WL 4340329 at 4, 2017 U.S. Dist. LEXIS 162563 at *6-25 (S.D. Ind. Sept. 29, 2017). We certified this question to the Indiana Supreme Court:

Whether online…