9th Circuit: Lanham Act Dispute Over Video Games Properly Dismissed

9th Circuit: Lanham Act Dispute Over Video Games Properly Dismissed

SAN FRANCISCO - A California federal judge did not err in dismissing allegations that Electronic Arts Inc. (EA) violates Section 43 of the Lanham Act when it uses the likenesses of former and current professional athletes in the "Madden NFL" series of video games because the games are entitled to "the same First Amendment protection as great literature, plays, or books," the Ninth Circuit U.S. Court of Appeals ruled July 31 (James 'Jim' Brown v. Electronic Arts Inc., 09-56675, 9th Cir.).

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