Posted on June 3, 2008 by Kevin Lemley

U.S. Supreme Court Denies Certiorari in Baseball Statistics Right of Publicity Case

We previously posted (10/16/07) the Eighth Circuit's decision in C.B.C Distribution and Marketing, Inc. v. MLB Advanced Media, L.P., holding that use of baseball players' names and statistics in fantasy games did not violate the players' rights of publicity. Yesterday the U.S. Supreme Court denied certiorari to review the case. This decision will remain the controlling law in the Eighth Circuit, and it will be interesting to see how other circuits treat this issue.

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