Judge dismisses Madden lawsuit against EA

But plaintiffs will now pursue a class action suit over

A federal judge in the US has thrown out a case brought by former NFL star Jim Brown against Electronic Arts, following his claim that the publisher's Madden games used his image illegally.

But according to Bloomberg News, Brown - along with another former player, Herb Adderley - has now requested a brief be filed for a class action suit against EA.

In addition, another former player, Sam Keller, has filed a suit against the publisher, claiming that EA profited from what he alleges was a "violation of his rights of publicity".

Today's news is the latest round in a series of bouts between the NFL, EA and former players, with several of the latter having filed lawsuits.

In April this year Bernie Parrish threatened legal action against John Madden and EA following a successful litigation against the NFL Players Association for unpaid royalties based on the Madden games.

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Latest comments (1)

Jas Purewal Partner, Purewal & Partners12 years ago
Interesting development in what is becoming a long chain of lawsuits between former NFL stars and EA, the latest of which I think was settled earlier this year, also involving Herb Adderley I think, coincidentally (or not).

From what I understand of this particular case, the reason Brown's claim was thrown out is noteworthy - the judge found that the game was itself an "expressive work" and therefore protected by the US Constitution's First Amendment. It's not often we see judges citing the US Constitution to uphold games companies' rights.

Edited 2 times. Last edit by Jas Purewal on 30th September 2009 4:43pm

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