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Footballers take operators to court over image rights

Four Brazilian footballers have secured preliminary injunctions against betting operators over the use of their sporting identities without consent.

2 min read
Brazilian football
Key Points
Four players won injunctions against Cassino Bet, Verabet, bet365 and Betano
A fifth claim against Superbet was rejected over a lack of urgent risk of harm

Brazilian footballers are taking operators to court over the use of their names, images and sporting identities.

 Indeed, four players are securing preliminary injunctions in São Paulo and Minas Gerais.

The successful claims were brought by Gabriel Barros of América Mineiro, Guilherme Costa Marques of Atlético Goianiense, Gustavo Vilar of Botafogo-SP and Ricardo Bueno, formerly of Palmeiras and now playing for Pouso Alegre FC. 

The rulings prevent Cassino Bet, Verabet, bet365 and Betano operators from using the players’ sporting identities or other identifying attributes without authorization, with fines applicable for non-compliance.

Two of the decisions, involving Bueno and Vilar, were appealed in São Paulo but upheld by appellate judges. 

One Minas Gerais judge said athletes’ images had increasingly become a tool for commercial exploitation by betting platforms, also pointing to investigations into match-fixing and other events connected to online betting.

A fifth claim, brought by Santos player Patrick Bezerra do Nascimento while on loan at Remo, against Superbet, was rejected. 

The judge found there was no immediate risk of harm requiring an injunction and said the player's name was being used to identify sporting events rather than for advertising.

The players argue they never authorized the use of their identities and receive no direct compensation when their names or performances are referenced on betting platforms. Their lawyer added they had also faced harassment from bettors after wagers connected to their performances failed.

Operators, however, argue that Brazil’s 2023 Betting Law already addresses the issue by requiring 7.30% of gaming revenue to be allocated to sports entities and affiliated athletes in exchange for the use of their names in lottery-style betting products.

Ana Gaming and Kaizen Gaming said they comply with court rulings and will present their defences. Kaizen described the players’ legal argument as “illegal and irresponsible,” while Superbet said it had already responded through the court proceedings.

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Bet365 was also contacted but there was no response as of publication

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