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Intellectual Property

Apr. 17, 2013

Kelli L. Sager

Davis Wright Tremaine LLP Los Angeles Copyright, trademark


The critical question in a pair of Sager's closely-watched cases is whether the use of athletes' personas in video games is protected under the First Amendment.


In one case, former NFL player Jim Brown sued for violation of the federal Lanham Act based on the alleged use of his persona in her client Electronic Arts' "Madden NFL" games. Brown v. Electronic Arts, 09-56675 (C.D. Cal., filed March 2009).


A federal judge in the C...

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