Retired NFL Players to continue suit against Electronic Arts
Judge dismisses EA counter-claim, case to go forward
Judge Richard Seeborg, from United States District Court for the Northern District of California, has issued a pivotal ruling in the case of Davis et al. v. Electronic Arts, in which a proposed class of approximately 6,000 retired NFL players have sued the gaming company for use of their likenesses, without authorization, in the Madden NFL video game franchise.
Electronic Arts filed a motion to dismiss and a motion to strike under California's Anti-SLAPP statute, arguing that EA was entitled to use the former players' likenesses in its video games without compensation under California law and the First Amendment. However, the Court rejected EA's positions and held that the case could go forward.
The lead plaintiffs on the side of NFL players include Tony Davis, former running back for the Tampa Bay Buccaneers, Vince Ferragamo, former quarterback for the Los Angeles Rams, and Billy Joe DuPree, former tight end for the Dallas Cowboys.
Electronic Arts filed a motion to dismiss and a motion to strike under California's Anti-SLAPP statute, arguing that EA was entitled to use the former players' likenesses in its video games without compensation under California law and the First Amendment. However, the Court rejected EA's positions and held that the case could go forward.
The lead plaintiffs on the side of NFL players include Tony Davis, former running back for the Tampa Bay Buccaneers, Vince Ferragamo, former quarterback for the Los Angeles Rams, and Billy Joe DuPree, former tight end for the Dallas Cowboys.
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