EA Gets Dillinger Heirs' Trademark Suit Knocked Off

Law360, New York (June 16, 2011, 2:40 PM ET) -- An Indiana federal judge on Thursday nixed a trademark suit brought by John Dillinger's heirs over Electronic Arts Inc.'s use of the famed gangster's name in video games, finding that the games were protected by the First Amendment.

U.S. District Judge Jane Magnus-Stinson granted summary judgment to EA on the heirs' trademark claims, handing the video game maker a total victory in the suit a day after ruling that the plaintiffs could not bring state law right-of-publicity claims.

Dillinger's heirs lodged the suit in October 2009,...
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