August 5, 2008

…and he probably thinks you’re a pansy too.

2008.  The unorthodox year of the Madden curse.  First, there’s a retired/wants to play/willing to take $20 million to retire/wants to play for the Vikings, or Green Bay, if he’s the starter/Aaron Rodgers Player Hater, Brett Favre on the cover.  And now?  Well, Jim Brown has decided that Madden shouldn’t be played by anyone…at least until the rosters are changed.

…Jim Brown hasn’t thought this through.  He does not want the blood of the millions of people who will die on August 12th if they can’t play Madden…

So, what’s going on?  Well, Jim Brown is suing Electronic Arts and Sony because they put him…in the game.  Or at least his likeness, anyway.  From Bloomberg,

Sony Computer Entertainment America Inc. and Electronic Arts Inc.  were sued by Hall-of-Fame running back Jim Brown, who accused the companies of using an electronic football-game character based on him without his permission.

The character, part of the “Real Old School Teams and Players” series, is a muscular, African-American running back wearing the number 32 jersey who is featured in the game’s “All Brown’s Team,” Brown said in a complaint filed yesterday in state court in New York.

Lets not mince words or ideas or thoughts or whatever.  The character in the game is definitely supposed to be Jim Brown, the same way EA has put “likenesses” of Joe Montana or Jim Kelly or Walter Payton into the game.  In all reality, Jim Brown has been in the game for a few years I think, as its not like this is the first “All Browns Team” to be featured in a Madden football game.

So, why doesn’t EA just pony up some money, pay Jim Brown, then make a billion dollars off of Madden ’09?  Because, Jim Brown’s lawyer, Keith McKenna, did some studying in law school.

Brown said Sony and Electronic Arts, maker of the “Madden” football games, have “unjustly enriched and have received and continue to hold ill-gotten gains,” diluting his trademark rights for his likeness and reducing its value.

In the lawsuit, Brown seeks unspecified damages for trademark infringement, unauthorized use of his likeness, trademark dilution and unfair business practices and competition. He also seeks a preliminary and permanent court order to stop the use of his likeness. (Emphasis Added)

madden09coverPreliminary Injunction, FTW!  Of course, it will all come down to how a judge views it, and how well the case is argued, etc…but in theory, the judge could grant a preliminary injunction in the matter, and basically prevent Madden ’09 from coming out anytime in the near future (until they can go back and take Jim Brown out of the game).  If that happens?  its going to be a much longer wait than may be expected, because I would fully expect some other NFL past stars to take the Jim Brown approach (two words…Joe Montana).  The granting of an injunction in this case would basically take any non-current players out of the game for the foreseeable future, or would force EA sports to pay a lot of money so that I can relive Eric Dickerson’s glory years.

Maybe I’m just overreacting though, right?  Maybe its not a big deal to anyone else?  Oh wait.  Electronic Arts, stock fell $1.11, or 2.55 percent after hearing the Jim Brown news.  Honestly though, do I really think a preliminary injunction will be granted in this case?  well, no, but the point is that it could be.

The case is James Brown v. Sony USA Inc., 110412/2008, New York State Supreme Court (Manhattan).

Bloomberg:  Sony sued by Hall-Of-Famer Jim Brown over video game

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