industry news
Jim Brown Sues EA, Sony, Gonna Git Them (Suckas)
Posted by Luke Plunkett at 12:20 PM on August 1, 2008
Jim Brown is mad. The former Browns RB and occasional movie star is suing both EA and Sony for "unspecified damages for trademark infringement, unauthorised use of his likeness, trademark dilution and unfair business practices and competition". Those are big claims! So what's his complaint? That the classic/vintage "All-Browns" team in Madden has a black RB with the number 32. Jim Brown, remembering he was also a black RB for the Browns who wore #32, is upset by this, and wants not only the aforementioned damages, but wants his "likeness" removed from the game as well. Never mind the Madden player is not called Jim Brown, nor does it carry his likeness in any way. Neither EA nor Sony are yet to respond to the lawsuit, presumably because they're too busy wondering how stupid Brown's lawyers really are.
Sony Sued by Hall-of-Famer Jim Brown Over Video Game [Bloomberg]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
PsycheE
Posted 1:39 PM 1/8/08
Goku totally bit my style, I want unspecified damages for character defamation.
PsycheE
ceilingFANBOY
Posted 1:23 PM 1/8/08
I guess he has never played a game of NCAA. If he had, he would know that it has always been common practice for EA to use the numbers and positions of players that they don't have naming rights to for the games and obviously they have already checked the legality of said practice.
ceilingFANBOY
Luke Plunkett
Posted 1:22 PM 1/8/08
@exion: Please note it also stars Rip Torn!
Luke Plunkett
exion
Posted 1:19 PM 1/8/08
Luke delivers :D
I'm almost tempted to check that movie out, it looks shocking!
exion
Saint Anima
Posted 1:18 PM 1/8/08
@mhlaxp, Luke Plunkett: Thanks a bunch! I'm gonna be stylin' now! >_>
Saint Anima
Luke Plunkett
Posted 1:12 PM 1/8/08
@Saint Anima: Wallpaper?
[kotaku.com]
Luke Plunkett
DARTH_TIGRIS
Posted 1:12 PM 1/8/08
So what does Sony have to with this lawsuit? Seriously?
DARTH_TIGRIS
isobelle
Posted 1:01 PM 1/8/08
@mhlaxp: 17x507?
isobelle
Gantz: Your Trusted Friend in Science.
Posted 12:55 PM 1/8/08
Lazer-beam Shotguns!!!! Sweet!!!
Gantz: Your Trusted Friend in Science.
Nik in NOLA
Posted 12:49 PM 1/8/08
@Nik in NOLA: clarification.
"Barry Bonds....took himself out of the MLBPA licensing agreement."
Nik in NOLA
taftsearlobe33
Posted 12:47 PM 1/8/08
@BStu: I am gonna have to agree with you after all in the sports world a players number is their identity I mean they do retire numbers when some players retire.
taftsearlobe33
Nik in NOLA
Posted 12:47 PM 1/8/08
@JCVD: It also likely has the same vitals (height, weight, etc). Considering the number was retired and no other Cleveland RB wore 32, there's really no question that RB #32 on the all-time Browns roster is Jim Brown. It's sort of a muddy area, since its clearly intended to be him (sort of like how LB 51 from the Bears is Butkus, or QB 12 from the Jets is Namath).
Bonds had a similar claim against games when he took himself out of the union, and games were forced to completely redo who the LF for the SF Giants was and looked like. I believe 2K turned him into a white switch hitter, but kept the player ratings similar to what Bonds would have been. Really, kind of strange the article wouldn't at least reference this since it isn't the first time we've seen claims like this concerning sports games or merchandise. I believe there's also been some claims against various NCAA merchandising over the same thing.
Nik in NOLA
FP_slomo788
Posted 12:44 PM 1/8/08
Unwarranted Self Importance. Nuff said.
FP_slomo788
SolidEyeSystem
Posted 12:40 PM 1/8/08
Pretty ridiculous.
SolidEyeSystem
Amazon_Chris
Posted 12:40 PM 1/8/08
Wow. Is this dude REALLY that stupid? Or was he just drunk?
Amazon_Chris
mhlaxp
Posted 12:35 PM 1/8/08
@mhlaxp: Actually I got really lazy all of a sudden. So enjoy.
mhlaxp
bobdisgea
Posted 12:34 PM 1/8/08
sony and ea??? why isnt he suing microsoft? they have madden too...stupid racist person not suing them dirty americans...
bobdisgea
BStu
Posted 12:33 PM 1/8/08
I don't know. I'm actually curious to see how this goes. I think EA might have pushed their luck giving the "obviously Jim Brown but we're not saying so" Jim Brown's actual number. I think a valid argument could be made that it clearly identifies the character as Jim Brown. Not sure it'd win in a legal case, but this does make for an interesting case.
Don't scoff at Brown's notion that his likeness has a value. It clearly does, or EA wouldn't have gone to such lengths to suggest him in the game. If his likeness has value, and he controls his likeness, why shouldn't he get paid when someone wants to trade off that value? EA could have avoided this VERY easily and its not like they don't deal with this all of the time in other sports titles.
BStu
blind_assassin
Posted 12:32 PM 1/8/08
I have to say he has a pretty good case. There are only about 3 black players in the entire NFL and the number 32 was retired on all teams back in '89.
Just kidding. I was wondering how it felt to be so full of shit that it started coming out my eyes. It was unpleasant.
blind_assassin
mhlaxp
Posted 12:30 PM 1/8/08
@Saint Anima: What's your resolution of choice?
mhlaxp
JCVD
Posted 12:29 PM 1/8/08
It's a black football player with his number...the real question is...how the hell you gonna remove his "likeness" from the game? You'd have to remove every African American running back from the game or prevent player created characters from being able to make an African American running back. Then some white guy is gonna sue because he played HS football with that number...same position...holy crap, EA IS GOING DOWN, BITCHES!
JCVD
Irafe
Posted 12:29 PM 1/8/08
Dear lord, that image is hilarious.
Irafe
endaround
Posted 12:29 PM 1/8/08
Yes just because you know the player is him why should he get any money for it?
endaround
mhlaxp
Posted 12:29 PM 1/8/08
Jim Brown and EA settle out of court, agreeing to start production of a new Slaughter game.
I'm preordering that the day they announce it.
mhlaxp
Saint Anima
Posted 12:28 PM 1/8/08
Oh man...I need a wallpaper of that image for my desktop. Pronto.
Saint Anima
SpishackCola
Posted 12:27 PM 1/8/08
...nothing to see here. Thrown out in a maximum of 2-3 weeks.
SpishackCola
flight240
Posted 12:27 PM 1/8/08
. . .
i can't help but laugh.
that image is epic... and this lawsuit is retarded.
flight240
Ibramgaunt
Posted 12:26 PM 1/8/08
Little men with too little to care about...
Ibramgaunt
mfwahwah
Posted 12:26 PM 1/8/08
unspecified damages for trademark infringement
I'm very curious about this part.
mfwahwah
Thugmunk
Posted 12:26 PM 1/8/08
lolwut
Thugmunk
roguemarvel
Posted 12:26 PM 1/8/08
Someone thinks a little too highly of themselves... or is in need of money
roguemarvel
Wolfers
Posted 12:23 PM 1/8/08
Hahahahaha. That is all.
Wolfers
KaneRobot
Posted 12:23 PM 1/8/08
"How much for a rib?"
KaneRobot
RaepGoblin
Posted 2:40 PM 1/8/08
How in god's name is sony involved? What a douche.
RaepGoblin
topgunner87
Posted 2:32 PM 1/8/08
Uhhh....damages?
topgunner87
gpturismo
Posted 2:12 PM 1/8/08
@MisterMcThursday:
Because he's not just going after EA, he's going after Sony, which leaves the question why he isn't going after Microsoft as well? Everything about the case is against sony so he and his lawyers either don't understand the game business at all, or they are pushing their luck and going for PR and/or paydirt.
gpturismo
MisterMcThursday
Posted 1:57 PM 1/8/08
why are you guys railing on a guy who is obviously getting his likeness ripped off and not getting paid for it when EA is banking on the game? are you daft?
MisterMcThursday
wild_world_girl
Posted 1:57 PM 1/8/08
@PsycheE: We get it already, you're too cool for the standard font.
wild_world_girl
MisterMcThursday
Posted 3:42 PM 1/8/08
@gpturismo:
probably because he doesnt understand the industry yet. I am sure once his lawyers sniff more money they will sue others or narrow it down to EA, the company that should be sued. Players are paid, he wasnt and should...end of story imo.
MisterMcThursday
Nik in NOLA
Posted 3:23 PM 1/8/08
Sony's involved because the game was released on their system. Nintendo and MS will eventually be added into the suit if it isn't outright dismissed. They're on the lead because the game sold the bulk of its copies on the PS2 that year (believe the PS2 version was number 3 on the year according to NPD).
Nik in NOLA
NeVeRMoRe666
Posted 3:58 PM 1/8/08
@NeVeRMoRe666: Then again, who would want to play as me playing video games?
(cries...)
NeVeRMoRe666
NeVeRMoRe666
Posted 3:53 PM 1/8/08
I, personally, would be flattered that people would want to play as me in a video game.
Then again, I lead a sad existence...
NeVeRMoRe666
ksins5
Posted 4:32 PM 1/8/08
Lamest.ever.infringement.claim. I hope EA/Sony nailed his ass to the wall to show everyone else that you can't fudge infringement claim like this and get away with it.
ksins5
Purple Dave
Posted 6:31 PM 1/8/08
I vote they change the skin color to white, leave the number alone, and add the following as the name on the jersey: "Not Jim Brown"
Purple Dave
beeporama (brian.j.parker)
Posted 10:51 PM 1/8/08
I'm sure Brown and his lawyers are hoping for a settlement. No matter how slim their chances of winning might be, it could be very expensive for EA if they have to pull the game, so there's a real chance to hope EA will throw money at this to make it go away.
beeporama (brian.j.parker)
y5
Posted 10:30 PM 1/8/08
This lawsuit from the same Jim Brown who convinced Maurice Clarett to sue the NFL for early admission? This guy doesn't learn from others' mistakes even after he helps them along.
What a douche =/
y5
velvet396
Posted 11:26 PM 1/8/08
Well said, I agree wholeheartedly:
Nik in NOLA @JCVD: It also likely has the same vitals (height, weight, etc). Considering the number was retired and no other Cleveland RB wore 32, there's really no question that RB #32 on the all-time Browns roster is Jim Brown. It's sort of a muddy area, since its clearly intended to be him (sort of like how LB 51 from the Bears is Butkus, or QB 12 from the Jets is Namath).
velvet396
Billkwando
Posted 12:48 AM 2/8/08
@BStu: There IS no likeness. That's like saying "all black people look the same" cos they're black.
I'm not saying you're saying that, but he doesn't own the number, and unless he's saying every generic black character model looks like him, there's no likeness.
Billkwando
The_Crotchinator
Posted 1:12 AM 2/8/08
@PsycheE:
Goku bit your style? I'm not sure how that's possible.
The_Crotchinator
Raziel66
Posted 2:41 AM 2/8/08
All I could think when looking at that pic was:
You can't spell slaughter without laughter!
Raziel66
Nik in NOLA
Posted 3:27 AM 2/8/08
@Billkwando:
Except there is. The jersey's retired, there was only one notible #32 in the franchise, and the alleged infringment in the game is the RB with his number on the all-Cleveland Browns team.
I'm not saying there's a GOOD case, but there is enough of a likeness for anyone who knows anything about football history to instantly say "oh RB32 from Cleveland's alltime team is Jim Brown" in the same sense that anyone would be able to identify who SG 23 on the alltime Bulls roster is.
Nik in NOLA
PsycheE
Posted 11:08 PM 2/8/08
@wild_world_girl: Except it was the only time font got changed, I have to switch language input on the fly for my work and it does quirk out when you have three different browser types open.
Who are you?
PsycheE