Judge Dismisses One Lawsuit Against EA

Posted September 30th, 2009 at 9:28 am


A lawsuit filed by former NFL player Jim Brown against Electronic Arts over the use of his likeness in past Madden games has been dismissed. Brown had made the claim that having a player similar in make-up to him represented a “false endorsement” even though his name was ever included in the game. The New York Times has a full article on the story here.

“The Madden NFL video games are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment,” Cooper wrote. She found that game users would not be likely to conclude that Brown had endorsed the Madden NFL product.

This decision could be an indication that the lawsuits currently pending against the NCAA and EA over the NCAA Football franchise could go in their favor as well. There it is former collegiate athletes who are suing over their likenesses having been included in the games and are arguing that both parties have profited off them.