Judge Won't Toss Ex-NFL Players' Suit Against EA

Law360, New York (March 30, 2012, 6:08 PM EDT) -- A California federal judge on Thursday refused to toss a class action brought by retired NFL players who claim Electronic Arts Inc. used their likenesses without permission in its "Madden NFL" video game, saying the players' portrayal in the game does not pass the transformative use test.

U.S. District Judge Richard Seeborg denied EA's motions to dismiss the suit and to strike the complaint under California's anti-strategic lawsuit against public participation statute because the players' likenesses in the video games are not sufficiently different or transformative...
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