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Jim Brown files appeal in lawsuit over Madden game

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.”

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32 Responses to “Jim Brown files appeal in lawsuit over Madden game”
  1. The Real Shuxion says: Jul 7, 2010 1:02 PM

    There characters in the Madden games that beat the crap out of women?

  2. robert ethen says: Jul 7, 2010 1:04 PM

    C’mon, every video game has a grumpy old know it all who pops off incessantly about the good old days. What makes Brown think he has exclusive rights to that caricature?

  3. Fed up says: Jul 7, 2010 1:07 PM

    John Madden is a pig. He’s the one you turkeys were listening to and made you buy into all that rubbish about the refs in the Steelers/Seattle game. Madden started it all. He’s also a jerk in real life. Somebody I know ran into him in the elevator of a recent Super Bowl. He’s not only fat, but also rude.

  4. manginiwithcheese says: Jul 7, 2010 1:07 PM

    Jim Brown, as well as the other former players, should get some compensation. The same goes for the college players (NCAA version) as well.
    If these companies want to sue us for downloading music, they should be sued for stealing in their own right as well.

  5. Popeye says: Jul 7, 2010 1:07 PM

    Brown is still alive?

  6. robert ethen says: Jul 7, 2010 1:11 PM

    His suit against the Muppets Show over Statler and Waldorf, the balcony grumps, remains unsettled as well.

  7. Nate is Gay for Brady says: Jul 7, 2010 1:16 PM

    Don’t piss Jim Brown off. He could still kick all of our asses.

  8. technoboy says: Jul 7, 2010 1:17 PM

    I hope Jim Brown pervails. They are making million off this games. Time to give back to the legends!

  9. technoboy says: Jul 7, 2010 1:20 PM

    I think everytime a Chris Johnson’s of the world. Whining about the millions they are making signs a contract. That part of the money to go the the legends of the game that made it the game it is. Most can’t walk without aid and didn’t play for millions of dollars.

  10. jimmySee says: Jul 7, 2010 1:22 PM

    How is the character “similar to Brown” in the video game?

  11. digitalbath says: Jul 7, 2010 1:28 PM

    kind of simple to figure out,if there is a rb in the game that cant be tackled and can outrun every other player,and if he wears a cool multi color hat,oh and is the greastest rb to ever grace the madden games,then i think brown’s case has a chance

  12. John says: Jul 7, 2010 1:33 PM

    I thought he was a wealthy guy. Why does he have to do this?

  13. 90ragtop says: Jul 7, 2010 1:36 PM

    “Pro Football Hall of Famer Jim Brown… claims violated his rights by using a character similar to him in the Madden game.”
    *************
    Never played the game, but I gather it must include images of, or references to, a race-baiting has-been who wears goofy hats and who blew off an unbelievable NFL career so he could go shag Hollywood starlets.

  14. FireJerryJones says: Jul 7, 2010 1:42 PM

    I’d like to hear what John Madden has to say about this.

  15. daffx4 says: Jul 7, 2010 1:48 PM

    JB should have to pay EA

  16. eastboogieillinois says: Jul 7, 2010 2:01 PM

    How in the hell are EA able to get away with this crap?

  17. bigstorm says: Jul 7, 2010 2:06 PM

    Looks like someone has spent his pension.
    A player “like” Jim Brown? C’mon, with his ego he should be saying that there is nobody like Jim Brown, animated or otherwise.

  18. stiller43 says: Jul 7, 2010 2:12 PM

    # jimmySee says: July 7, 2010 1:22 PM
    How is the character “similar to Brown” in the video game?
    —————————————————-
    I don’t know about his alleged character in question, but usually the Madden games have “legend” or some kind of all-star retro teams that feature some of that teams all time best players. The legends only have a number (not the same one as the real legend had, i.e., Terry Bradshaw would be #14 or #15 instead of #12). The only descriptive part of the “made-up” character is the skin color of the player and they have the all powerful madden ratings like the real player presumably would have had.
    In other words, essentially, Jim Browns looking for compensation for EA Sports using a black RB for a Browns legend team that does not feature his picture, name, same number, or anything that would otherwise indicate that they’re referring to him…although it’s obvious they model these characters after the real legends.
    He’s got no chance.

  19. TheBengal13 says: Jul 7, 2010 2:14 PM

    Fed up says:
    July 7, 2010 1:07 PM
    John Madden is a pig. He’s the one you turkeys were listening to and made you buy into all that rubbish about the refs in the Steelers/Seattle game. Madden started it all. He’s also a jerk in real life. Somebody I know ran into him in the elevator of a recent Super Bowl. He’s not only fat, but also rude.
    ————————————————–
    Mmk. Dude, just because you’re a Steelers homer doesn’t mean Madden was wrong about the refs in the Super Bowl. They were awful. Want me to start going off about how your beloved Tittsburgh Cheaters even GOT TO that game?
    On another note, I’ll buy that he was rude. After all, he was the best Raiders coach of all-time.

  20. Sandra Lee's Cans says: Jul 7, 2010 2:15 PM

    jimmySee says:
    July 7, 2010 1:22 PM
    How is the character “similar to Brown” in the video game?
    ___________________________________
    He throws women off hotel balconies.

  21. seals says: Jul 7, 2010 2:17 PM

    I can’t hardly stomach Jim Brown every time he opens his mouth but I think he may have a point this time. Do today’s players get a bump of that money? Make that character fat, short and white if it isn’t suppose to be Jim Brown. If it is suppose to be Jim Brown give him a cut.
    If Jim Brown played today he would be make crazy money but still beat women.

  22. raidertg says: Jul 7, 2010 2:19 PM

    Fed Up – Madden is a very nice guy and still does alot for the bay area! Plus he has nothing to do with the game any more. It is all EA and they paid for the rights and his name.

  23. mybuddyandme says: Jul 7, 2010 2:23 PM

    oh yeah he resembles all those bumbling idiots on the browns rb roster.

  24. VikingFan09 says: Jul 7, 2010 3:10 PM

    Does he run towards the wrong goal line.
    in the video game

  25. Dryheave says: Jul 7, 2010 3:10 PM

    How is the character “similar to Brown” in the video game?
    ——————————————-
    these characters are in the “fantasy” madden drafts where they use “made up” players
    usually there is some kind of vague clue…..for instance there was a player with the name of “Jack English” whice was supposed to be John Elway….(same initials, get it?)…..sometimes it’s more obvious, like there is a running back with the name of “Jelani Okoye’ who had the same attributes and size of Christian Okoye the Chiefs running back from the late 80′s-early 90′s………….I’m not familure with the Jim Brown charcter but there was a running back named, “Brownie James”…………

  26. numberfour says: Jul 7, 2010 3:52 PM

    no, vike fan but jim marshall does

  27. PhillyHouse says: Jul 7, 2010 4:23 PM

    You idiots are falsely accuse Jim Brown for “race baiting” or “throwing women off balconies” have no idea what you are talking about.

  28. ThePragmatist says: Jul 7, 2010 4:30 PM

    Jim Brown then sued EA spokesman Jeff Brown for using 6 of the 8 letters in his name.

  29. steelerhypocrite says: Jul 7, 2010 4:55 PM

    For those of you who have never played Madden, it’s very realistic. In fact, I was playing as the Steelers last week and my QB was suspended. I later found out he raped the Lego Princess Leia…charges were later mysteriously dropped.

  30. Sandra Lee's Cans says: Jul 7, 2010 5:02 PM

    PhillyHouse says:
    July 7, 2010 4:23 PM
    You idiots are falsely accuse Jim Brown for “race baiting” or “throwing women off balconies” have no idea what you are talking about.
    ___________________________________
    Really? He has been charged five times with assaulting women. His served 180 days in jail for assaulting his wife in 2000 and in 1968 was charged for throwing his girlfriend off the 2nd floor balcony of the Howard Johnson hotel in Cleveland. Look it up.

  31. kelevra says: Jul 7, 2010 5:05 PM

    @ stiller43:
    “In other words, essentially, Jim Browns looking for compensation for EA Sports using a black RB for a Browns legend team that does not feature his picture, name, same number, or anything that would otherwise indicate that they’re referring to him…although it’s obvious they model these characters after the real legends.
    He’s got no chance.”
    Unfortunately, I think you’re right. But I agree with most on this thread that he and every other legend should be compensated.
    Not only is it the right thing to do, because we ALL know who the characters are supposed to be…but also, at least they could use actual name, number, likeness, and make it a better product for the fan.
    It’s not like these corporate rapists aren’t already making a fortune on their NFL exclusive rights.
    Maybe the 2K crew should re-enter the game and offer contracts to legends past and make an all time greats game.
    They could do what madden does with legends to current players that’d be on the all-time team.

  32. seanx says: Jul 7, 2010 7:22 PM

    There is a character that throws women out windows?
    However, the retired players should get a cut of the video game money.

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