JULY 31, 2008 • Football Hall of Fame running back Jim Brown has gone to state court in New York seeking an injunction against Electronic Arts to cease using his likeness in Madden NFL games. Sony Computer Ent. was also named in the lawsuit, although neither Nintendo of America or Microsoft Ent. – whose platforms also have Madden NFL titles – were named. Brown claims he has received no compensation for use of his likeness in the game.
Impact: EA’s NFL license covers current players in the league, not retired veterans. It’s ironic that EA, which has been aggressive in guarding its NFL license, should run afoul of Jim Brown guarding his own licensing rights. This lawsuit is one more proof of the growth of the video games industry. As the number of major players contracts, and yearly revenue continues to increase, so too does the general sense of deep pockets in the legal community. Video game-related litigation can be expected to rise exponentially in the years to come – making legal counsel a substantial added cost to doing business.
