Judge Rules Against NFL Star in Videogame Case

A federal judge in Los Angeles dismissed a lawsuit filed by the retired football hall of famer Jim Brown against the videogame producer Electronic Arts.

Brown filed the lawsuit earlier this year claiming that the line of Madden Football video games were using his likeness in the game, constituting a "false endorsement", the New York Times reports. The ex-NFL star alleged that EA Sports depicted him on a 1965 Cleveland Browns team, the team which Brown played for in real life.

U.S. District Court Judge Florence-Marie Cooper threw out Brown's claim, arguing that the Madden NFL games are exercising their First Amendment rights in creating an expressive work, adding that users are not likely to assume Brown endorsed the product. The retired player may file a new lawsuit under a right-of-publicity claim.

Jeff Brown, a spokesman for Electronic Arts told the news source the company is pleased that the decision "affirms video games are expressive works protected by the First Amendment."

EA is also currently the defendant of a class-action lawsuit filed by former Nebraska college football player Sam Keller, whose lawyers argue the company illegally profits from the images of college football and basketball players.