Published in Gaming

EA Games wishes it was not so realistic

by on12 October 2009

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Sued for likenesses


EA Games must be wishing for the good old days when you couldn't identify a player or a member of the crowd in one of its games.

The Software house is being sued left, right and centre by people who think they have appeared in on of EA Games' sports matches and not been paid. While former Cleveland Browns running back Jim Brown's suit against Electronic Arts over his unnamed likeness appearing in Madden NFL games has been dismissed, three new likeness lawsuits concerning the publisher's various sports games have hit courts.

In July, John Big Dawg Thompson, who is the mask-wearing pack leader of Cleveland's Dawg Pound, filed a complaint against EA in the Cuyahoga Country Court of Common Pleas. He thinks EA used his Big Dawg persona in Madden NFL 09. An image of a bug-eyed dogface mask, orange hardhat, oversize dog bone, and a Browns jersey with the number "98” can be seen in the crowd in the game.

He wants damages in excess of $25,000 and that EA be prevented from selling the game or using the Big Dawg character without permission in the future. Former University of North Carolina left guard Bryon Bishop filed suit against EA, as well as the National Collegiate Athletic Association. Bishop claims the NCAA own by-laws prohibit the for-profit use of amateur athletes.

However in NCAA-branded games players only bear a number corresponding to an actual student athlete and are typically given the same height, weight, skin color, hairstyle, and home state as their real-life counterparts. A similar suit was filed in May by former Arizona State and University of Nebraska quarterback Sam Keller. Fight Night Round 4 has spawned disputes both in and out of the ring.

Sports management outfit Fighters, is suing EA over Fight Night Round 4, claiming EA included clients like Kelly Pavlik, Jorge Arce, and Fernando Montiel in violation of exclusive group licensing agreements they had signed with Fighters. Fighters want at least $25 million in damages.

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