“The impetus for DraftKings’ decision to repudiate its license agreement with Plaintiffs is simple: the once white-hot market for NFTs has cooled down,” the lawsuit said. “Buyers’ remorse, however, is not a basis to terminate a contract.” A spokesperson for DraftKings declined to comment on the complaint. Attorneys and spokespeople for the NFLPA did not immediately respond to a request for comment.
Boston-based DraftKings partnered with the NFLPA in 2021 to make collectible NFTs of NFL players that could be bought and sold as part of a game on DraftKings’ fantasy sports site. The lawsuit said the NFT market had declined “across the board” by the end of the NFL’s 2022-2023 season.
The NFLPA said DraftKings threatened to stop offering NFTs that April, after which the union agreed to restructure their contract to expand DraftKings’ rights to use player likenesses. According to the union’s complaint, DraftKings said the amended contract allows it to end the agreement if a court determines that the NFTs are securities. A federal judge in Boston
said that the tokens may be unregistered securities during the early stages of a separate class-action lawsuit against DraftKings last month.
DraftKings told the NFLPA it was ending its NFT business and terminating their agreement weeks later. The union told the New York court on Monday that the Massachusetts judge’s decision did not resolve whether the NFTs are securities under their contract.