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Football legend Brown sues EA, Sony over Madden

By Brendan Sinclair, GameSpotPosted Jul 31, 2008 6:18 pm PT

All-time-great NFL running back takes exception to games having historical Cleveland Browns teams with number 32 as running back.

Among other new features, this year's Madden NFL 09 features the licensed names and likenesses of some retired gridiron greats. Previously, Electronic Arts included historical teams in its games by omitting names and faces, and merely including numbers. For instance, Cleveland Browns great Jim Brown would appear on a team simply as a running back with amazing stats and the jersey number 32.

This could get ugly...

However, even having a faceless, nameless player bear his number was too much for Brown. Today, Bloomberg reported that the NFL hall-of-famer and 1970s action-film star has filed suit against Electronic Arts and Sony, alleging that they profited from his likeness and identity without his permission. According to a copy of the suit obtained by GameSpot, Brown found out earlier this year about the use of his number in Madden games, specifically Madden 2001.

Sony is named in the suit for its role in the manufacturing and distribution of the games. No mention is made of Microsoft or Nintendo, who would have played similar roles for versions of the games on their platforms.

The game included an "All Brown's Team," according to the suit, which featured "a muscular African American player wearing the number 32." Brown believes that the game infringes on his rights and acts to dilute "his inherently distinctive, and arbitrary trademark as the All-Time Great Cleveland Brown Running Back."

The suit notes that modern players sign away their likeness rights when joining the NFL player's union, but when he played, there were no video games and no union to get the rights from.

Brown asks for an injunction against EA selling the game, the forfeiture of all materials bearing his likeness, and the disgorgement of all profits earned from the sale of infringing Madden games.

275 Comments

  • aja1-6

    Posted Aug 11, 2008 10:09 pm PT

    I don't think he stands a chance....but you never know

  • netzenopt

    Posted Aug 8, 2008 2:59 pm PT

    Jim Brown is dumb, and his lawsuit is gonna get thrown out. These are the kinds of lawsuits that make the republican case for their curtialing of "frivolous lawsuits."

  • Spongebob4Prez

    Posted Aug 7, 2008 9:41 am PT

    There are lots of dumb lawsuits out there, and this is one of them. I love football and know Jim Brown, and the number 32 is not really associated with him. And I really hope this doesn't sound racist, since I'm not, but there are plenty of African-American, muscular running backs out there.

  • chrisbrookscool

    Posted Aug 6, 2008 7:03 am PT

    this game better not get delayed because of this. I mean isn't like many people play with the history teams plus and even if I did use a history team it would be the lions so I could use Barry Sanders (better then Jim Brown)

  • zlyrikal10

    Posted Aug 5, 2008 5:00 pm PT

    To those saying he's broke i dont think thats the case. He may not be wealthy but he probally is worth more then all of us. His movie risiduals alone probally handle that, not to mention the geekfest were they charge 30-100 and autograph.

  • nick2569

    Posted Aug 5, 2008 4:15 pm PT

    how stupid can this guy be. i mean come on who cares if the game doesnt have ur name and only the number . i mean for real get over it , it isnt a big deal. alot of people are gonna be pretty pissed off if the game gets delayed c/s of this stupid reason. and i'm one of those people. just suck it up and go on with ur life bro it aint the end of the world if it just has ur number on the jersey.

  • Blitz_Nemesis

    Posted Aug 5, 2008 8:11 am PT

    i just realized this is the same Jim Brown they are making a movie about. im still gonna watch the movie but not in theater anymore. cause of this ill catch it on bootleg just cause.

  • MaFiOsO_DeLuXe

    Posted Aug 4, 2008 11:07 pm PT

    good luck oldie.

  • clawboy

    Posted Aug 4, 2008 3:28 pm PT

    If EA pays $500,000 to Jim Brown this whole thing would go away in a puff of smoke. Jim Brown is the greatest running back of all time but he has always come across as a bitter old jealous fool. He will never have the wealth or celebrity of today's athletes and that eats away at his soul. Mo money Mo problems. Oh well, he can always brag about tapping Rachel Welch.

  • Timstuff

    Posted Aug 4, 2008 1:30 pm PT

    He probably is only suing Sony because he's a shemming.

  • Chief_Kuuni

    Posted Aug 4, 2008 1:24 pm PT

    what the heck, wonder whats up with him? it's just a video game

  • mfortune

    Posted Aug 4, 2008 1:12 pm PT

    Jim Brown is buggin, like Trojan said...Who in the hell is buying the game to use the old ass Brown's...most gamers play in tournaments, with friends, or online, and the use of older teams is just not necessary, and plus I'd rather play with the Psycho we call O.J. on the Bills...Jim Brown just made a case for being a Psycho though...Madden '09' is here.

  • bleedgreen2-1-5

    Posted Aug 4, 2008 3:08 am PT

    o my god! how does that bother him,

    i can tell who's broke, i agree with ahallen, thats so petty, the game dosent look like him so why the hell does he care. it took him 7-or 8 yeras to rralize this? someone wanst money
    go Eagles!

  • GreyHairedGamer

    Posted Aug 3, 2008 12:09 pm PT

    Obviously he cares less about the sport and legacy then he does about grabbing some cash. Football's Barry Bonds of video games. Take him out. I for one won't miss him in the game.

  • ahallen posted Aug 3, 2008 9:32 am PT (does not meet display criteria. sign in to show)

    ahallen

    Posted Aug 3, 2008 9:32 am PT (hide)

    Desperate for cash. A proven racist. Murderer. Wife beater. Enough said.

  • inomyabcs

    Posted Aug 3, 2008 8:11 am PT

    This is suit is related to the ongoing battle that old retired players are having with the NFL. The players feel they need more royalities or an increase in health care insurance because of the time they dedicated to making the NFL the game it is today. Can't feel like I blame them. The difference in pay and benefits is drastically different today. However, the pay and benefits weren't part of their original contracts and should not have have a bearing on this case.

  • Fitzycent

    Posted Aug 2, 2008 10:00 pm PT

    WAAAAAA! I didn't make enough money making stupid 70s movies. Now I'm gonna sue

  • Jazzism

    Posted Aug 2, 2008 6:28 pm PT

    Even though I feel EA and Sony are money grabbing greedy conglomerates, when it comes to issues like this, they're the ones I want in my corner. Jim, you aint got Scotty or Bones to protect you on this trip. Enjoy going down in flames.

  • jahoousa

    Posted Aug 2, 2008 11:50 am PT

    Somebody sounds a little broke and hard up for cash

  • mandujano87

    Posted Aug 2, 2008 10:32 am PT

    Wow, Arrowsun. If I didn't know any better I'd think you WERE Jim Brown. How exactly would you make a game in Madden's likeness? "Smadden 09"? lol

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