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Cleveland Browns fan's suit against EA soon over

By Brendan Sinclair, GameSpotPosted Oct 16, 2009 5:25 pm PT

Lawyer for "Big Dawg" tells local paper that litigation over Madden NFL 09 appearance will be resolved, dismissed in coming weeks.

Last month, Electronic Arts won the dismissal of a lawsuit brought against it by legendary Cleveland Browns running back Jim Brown. This month, the publisher appears to be on the verge of putting another Browns-related bit of litigation behind it, as the Cleveland Plain Dealer reports that a suit brought against EA by Browns superfan John Big Dawg Thompson is on the verge of resolution.

Terms were not disclosed, but court observers expect it to be at least seven figures of Kibbles & Bits.

The paper cites Thompson's lawyer as saying the case will be dismissed within weeks. While the terms of the dismissal are confidential, Thompson's lawyer said his client was happy to have the case behind him.

Inducted into the Pro Football Hall of Fame's inaugural Hall of Fans class in 1999, the Big Dawg character sports a bug-eyed dogface mask, orange hardhat, oversize dog bone, and a Browns jersey with the number "98." A similarly outfitted fan wearing a "92" jersey can be seen in Madden NFL 09 in the same section of the Cleveland Browns stadium where Thompson appears during the team's home games.

In the original suit, Thompson had been seeking damages in excess of $25,000 and that EA be prevented from selling the game or using the Big Dawg persona without permission in the future.

157 Comments

  • Entropolous

    Posted Nov 12, 2009 5:51 pm PT

    In the Cleveland area, this man has built a level of celebrity. His image HAS a marketable value. As ridiculous as it sounds, I could see him being paid by Cleveland area businesses to appear a local television ads. That being the case he has every right to sue EA for using his image with out his permission. The best analogy to this I can think of is if EA put likenesses of Jack Nicholson or Spike Lee court side in LA and NY for their NBA game without seeking their permission.

  • tyco_ex

    Posted Oct 23, 2009 10:23 am PT

    Wow this is ridiculous lol. People will do anything for a buck. I agree that Dawg should be removed from the hall of fame for doing crap like this.

    @biosciguy

    "EA should just remove the Browns from the game. They suck anyways"

    Lmao, so true.

  • holtrocks

    Posted Oct 23, 2009 10:19 am PT

    lol ya LosDaddie i would be very happy if i was playing and i saw my self

  • GNWPCD

    Posted Oct 20, 2009 2:44 pm PT

    Browns are so bad that its players and fans now need EA to help support them through these rough times.

  • biosciguy

    Posted Oct 20, 2009 11:04 am PT

    EA should just remove the Browns from the game. They suck anyways

  • LosDaddie

    Posted Oct 20, 2009 7:45 am PT

    Dumb lawsuit, IMO.

    The fan should've been happy he made it in the game.

  • djibril26

    Posted Oct 20, 2009 12:05 am PT

    nice way to earn money..........
    I'll play again madden just to see it

  • Zerosumgame

    Posted Oct 19, 2009 9:42 pm PT

    the lawsuit inferior culture.

  • stziggy

    Posted Oct 19, 2009 8:58 pm PT

    I hate EA, but this isn't fair. Ultimately you and I the gamer will lose out because a bit of reality in our sports games will disappear thanks to "Big Dawg's" greed. Big Dawg should be removed from the Hall of Fans because he just hurt the fans.

  • bluntguys

    Posted Oct 19, 2009 8:42 pm PT

    wow thats just sad

  • GCwasthebestsys

    Posted Oct 19, 2009 4:36 pm PT

    i think you are forgetting that this is america, land of frivolous lawsuits. wouldn't doubt if they settled around 25K

  • blakeney

    Posted Oct 19, 2009 4:21 pm PT

    lol how does his likness or even an exact replica of him being used in the game effect him to the sum of $25,000???? or even $25!? ok maby $25 to cover the "92" he will have to get so he REALLY looks like the guy from the game lol!

  • guitarist1980

    Posted Oct 19, 2009 3:12 pm PT

    I wouldnt have sued, i would have been honored to be included. But my lawyer probably would talk me into sueing so he could get his 25-33%. This guy is just average joe who either got talked into sueing or decided he could make some money. Im a patriots fan hahahaha. Cleveland you really really suck and probably will for a long time with mangenius running the show.

  • RetroRPGamer

    Posted Oct 19, 2009 2:48 pm PT

    I don't even care about football, i thought it was about "Family Guy" or "The Cleveland Show". The only reason why i though it was Cleveland from that show because it said "Cleveland Brown" i though it was a dead giveaway right there. I was disappointed for this to be about some Football crap. There is enough weird events going on with sports right now that i don't seem to care about
    It seems this guy has a right to sue EA though.

  • northArrow

    Posted Oct 19, 2009 2:38 pm PT

    What "Big Dawg" really should do is sue the Cleveland Browns. They suck so much he deserves the cost of his season tickets back.

  • Kevu

    Posted Oct 19, 2009 1:57 pm PT

    I also have to agree that this sounds reasonable. If the guy put in enough time over the years for the Madden games to even make a "similarly outfitted fan" in the same spot with just a different number on...come ON. EA should totally toss the dude cash. Or at least admit they ripped him off but are big enough weasels that they can get through the legal loopholes to digitize anything they damn well please. I'm hopin for cash for dude.

  • ACMC85

    Posted Oct 19, 2009 12:12 pm PT

    dkidfrmdbx

    Well said. I believe EA would sue for the same thing in a reverse position. Also, why is it taboo to wear the bands t-shirt at their concert, but not when you wear a team's t-shirt at their game? Its absolutely the same thing.

  • MadGamer132

    Posted Oct 19, 2009 11:47 am PT

    i know, if you sue ea why they always say its all about the money.

  • dkidfrmdbx

    Posted Oct 19, 2009 11:37 am PT

    i think he has the right to get paid, i rmeber watching MTV the other day and stumbled upon a episode in which a girl was major NY Giants fan. She would take pictures with the Giants jerseys on and some people would pay money to get exclusive pictures. The NFL sued her for 25,000 even though, she obviously didnt malicioulsy use the jersey, she was just a big fan. They were entitled to their 25,000 because she used the jersey and made a few bucks, if the NFL could sue because of their jersey being used in the picture, why cant this guy sue for his 25,000 because he did something unique and EA decided to use it? I mean id be very happy to be included in a video game, but fair is fair, and if companies can sue people for little things, then people should be able to do the same thing, and come on 25,000, thats not a lot compared to some of the astronomical lawsuits ask for.

  • george999819

    Posted Oct 19, 2009 11:13 am PT

    Wow. When I read the title of the article, I thought it was about Cleveland Brown from "Family Guy" and "The Cleveland Show".

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