NFL Hall of Famer Jim Brown has accepted a $600,000 settlement offer from video game giant Electronic Arts (EA) to end his lawsuit alleging EA used his likeness in its NFL Madden video games after he expressly denied permission. As announced by Brown’s attorneys, the former Cleveland Browns running back accepted the cash award in exchange for dismissing the suit with prejudice in what they call a big victory for athletes against big business.
Jim Brown is known as one of the greatest football players in the history of the NFL. He attended Syracuse University where he became a unanimous first-team All-American in football while also playing basketball, lacrosse, and track. He was taken 6th overall in the 1957 NFL Draft by the Cleveland Browns where, in only nine seasons, he became the NFL record holder in single-season and career rushing yards, career all-purpose yards, rushing touchdowns, and total touchdowns. He was three times the NFL’s MVP and led the Browns to an NFL championship in 1964. In 1971, he was inducted into the Pro Football Hall of Fame.
Because of this prolific career EA asked to use Brown in its “Madden” game as part of a new feature which would allow users to play as famous older teams and control their players. Brown was one of very few who declined the invitation. Instead, EA decided to use a character in the game simply known as “Brown” with the same height, weight, skin color, experience, position, ability level, and home state as the real Jim Brown. Although, “Brown” did not have the same jersey number the other similarities and overall realism between “Brown” and the Cleveland Browns legend was suspicious. As a result, Brown filed his lawsuit in 2013 for unfair competition and a violation of his right of publicity. In July of 2013, a California state court dismissed his unfair competition Lanham Act claims for failure to state an infringement claim under the Lanham Act. Nearly two years later, the remaining right of publicity claim, which was the true nature of his lawsuit, is now settled for a non-inconsequential and significant sum of $600,000. Previously, Brown had also sued EA in federal court; however, a federal judge quickly dismissed the case.
This settlement is the final nail in the coffin of an arduous legal battle which was discussed as early as August 2008.