Pro Football Hall of Famer Jim Brown is appealing the dismissal of his lawsuit against EA, the video game company that Brown claims violated his rights by using a character similar to him in the Madden game.
Brown filed the request Tuesday with the 9th U.S. Circuit Court of Appeals. Brown argues that, contrary to the judge’s ruling, EA was not protected by the First Amendment when it created a character similar to Brown in the video game.
Brown, who filed suit in 2008, says the character violates his trademark rights.
Jeff Brown, a spokesman for Electronic Arts, told the New York Times, “We remain confident that the ruling will be upheld.”