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For those in sports and entertainment who didn’t like the 8th U.S. Circuit Court decision that established that copyright law offers no protection over the names, nicknames, and likenesses of athletes (and perhaps a broader list of celebrities) in fantasy games, here might be an opportunity to respark the fight in a different circuit.
NFL Hall of Famer and actor Jim Brown has filed a lawsuit in New York claiming Sony and video game maker Electronic Arts are exploiting his likeness in a video game featuring a character who looks like him and wears his No. 32.
The legal issues involved seem to be quite similar to the MLB v. CBC case, which was turned down for review by the Supreme Court earlier in the year. Brown seeks unspecified damages and an injunction barring the companies from “taking a free ride on the trade value” of his fame.
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