The Paynter Law Firmfile:///Users/jimhejl/Documents/EA-LITIGATION/likeness-litigation.html[4/2/11 10:18:53 AM]
NCAA Player Likeness Litigation
The Paynter Law Firm filed a class-action lawsuit against the NCAA and Electronic Arts, Inc.claiming the companies illegally use college football and basketball players' names andlikenesses in video games without permission or consent from the player. The suit allegesthat using a player's name, picture or likeness violates licensing agreements as well as theNCAA’s own bylaws. Despite these prohibitions, the NCAA allegedly condones the use ofplayers in EA games to increase popularity and ultimately increase revenues and profits.Players claim the NCAA and EA conspired to permit the use of NCAA players for their ownmonetary gain and without compensation to players. In contrast, Electronic Arts paid theNFL Players Union nearly $35 million each year for the use of players' names andlikenesses in NFL games. The lawsuit filed by Sam Keller, a former starting quarterback forASU and Univ. of Nebraska football teams, seeks to represent all NCAA football andbasketball players listed on the official opening-day roster of a school whose team wasincluded in any game produced by Electronic Arts, and whose assigned jersey numberappears on a virtual player in the software. The Paynter Law Firm is co-counsel in thisaction with the law firm of Hagens, Berman Sobol & Shapiro LLP. For a copy of importantdocuments in this litigation,click here.
LATEST NEWS REPORT A FRAUD
Court Certifies Nationwide Class of Purchasers of Electronic Arts' FootballVideogames
December 21, 2010A federal court in California today granted a request to certify a nationwide class ofconsumers who purchased Electronic Arts’ Madden, NCAA and AFL brand footballvideogames. The decision represents a vindication for plaintiffs, who have alleged thatElectronic Arts killed off its competition in the market for football videogames by signing aseries of exclusive agreements with the NFL, NFLPA, NCAA and AFL. In an extensive 67page analysis, Chief Judge Vaughn Walker rejected Electronic Arts’ arguments againstcertification and called the analysis of its main expert “unconvincing.” In addition tocertifying the class, Judge Walker appointed The Paynter Law Firm PLLC and HagensBerman Sobol & Shapiro LLP as co-counsel for the class. Purchasers of Electronic Arts’football videogame titles who wish to be notified of further developments may contact theattorneys representing the class through the contact form on this website, by emailingmaddenNFL@hbsslaw.com or by calling (206) 623-7292.For a copy of Chief Judge Walker’s decision, pleaseclick here.
Information About Fraud or Misconduct at aCompany