14 DAY TRIAL // Jim Brown, a legendary running back for the Cleveland Browns, was known for being an unstoppable freight train on the football field. Still, it seems the athlete present in the NFL Hall of Fame and star in movies such as Three the Hard Way and The Dirty Dozen got a crushing tackle in the court of law. Last year, Jim Brown filed a lawsuit against Electronic Arts that got dismissed last week by a federal judge.
Electronic Arts was accused by Brown that it received illegal profit from using his identity and likeness. The former football player was used to depict a similar running back that was made part of the "All Browns Team" of Cleveland football greats. The running back showed undeniable physical and statistical similarities to Jim Brown. According to the New York Times, the law suit was dismissed by United States District Court Judge Florence-Marie Cooper who ruled in favor of the defendant, Electronic Arts, by citing a First Amendment right.
"The Madden NFL video games are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment," is the explication Florence-Marie Cooper invoked in her ruling. The court’s decision appears to have settled the matter in this case, but EA has other current lawsuits regarding similar accusations.
With Brown's lawsuit out of the way, EA can now focus on the other ones the company is going through. Former Arizona State and University of Nebraska quarterback Sam Keller also accused EA of likeness infringing game depictions. Apparently, the game publisher made use of very accurate representations of student athletes in NCAA Football games. According to the New York Times, Jim Brown and retired NFL colleague, Herb Adderley, requested permission to weigh in with a friend-of-the-court brief in Keller's case.