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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.