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...
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