· 7/31/2013
James Brown v. Electronic Arts, Inc.
Citations
- 724 F.3d 1235
- 41 Media L. Rep. (BNA) 2276
- 107 U.S.P.Q. 2d (BNA) 1688
- 2013 WL 3927736
- 2013 U.S. App. LEXIS 15647
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the 27 district court properly considered video games incorporated by reference when plaintiff’s 28 Lanham Act claim was based on the video games
- stating that “the mere use of a trademark alone cannot suffice to make such use explicitly misleading”
- noting that the Rogers test applies “in [§ 1125(a)] cases involving expressive works”
- noting that reasonable inferences are drawn in the plaintiff’s favor at the motion-to-dismiss stage
- finding that the 11 plaintiff failed to satisfy the first Rogers prong where “the content of the Madden NFL 12 games – the simulation of NFL football – is clearly related to Jim Brown, one of the NFL’s 13 all-time greatest players”
- explaining that “even the slightest artistic relevance” is enough
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas, Bybee, Quist
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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