SBD/July 31, 2013/Marketing and Sponsorship

Court Denies Efforts To Dismiss Keller Lawsuit; Brown's Suit Against EA Rejected

A Ninth Circuit Court of Appeals three-judge panel today rejected Electronic Arts and the NCAA’s effort to dismiss a lawsuit brought by former Arizona State QB Sam Keller for allegedly using his image in videogames without his permission. The case can now return to a lower court and proceed, though EA and the NCAA could appeal for a hearing before the full Ninth Circuit. At the same time, the Ninth Circuit panel rejected Pro Football HOFer Jim Brown’s lawsuit against EA for using his likeness in the company’s videogames without his permission. The two cases, while closely tied and argued the same day before the same judicial panel, were argued under different legal theories. See today's Closing Bell for more.
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