Madden NFL, Retired Players Tackle Cert. In Likeness Row

Law360, San Francisco (September 22, 2016, 10:03 PM EDT) -- Video game maker Electronic Arts and a putative class of retired NFL players who say “Madden NFL” uses their likeness without permission argued over class certification in a California federal court hearing Thursday, clashing over whether publicity is a property right and whether it's feasible to ascertain thousands of players’ avatars.

Players’ attorney Brian Douglas Henri said it wasn't fair that EA paid $35 million to use current players' likenesses and then argued historic players "aren't worth anything."

He said it was proper to file the claim under California state law, because EA’s headquarters are in the Bay Area. U.S. District...

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