This Day On The Street
Continue to site
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Ninth Circuit Court Of Appeals Rejects EA, NCAA Appeal In Player Likeness Case

Today a U.S. court of appeals handed down a ruling in the high-profile case against Electronic Arts (NASDAQ:EA) and the National Collegiate Athletic Association (NCAA) over the use of student-athletes’ likenesses in video games, gutting Electronic Arts’ claim that the practice is protected by the First Amendment.

The ruling, handed down by the Ninth Circuit Court of Appeals, remands the case back to the trial court to proceed against all defendants, including the NCAA.

The case, originally filed on May 5, 2009, in U.S. District Court in Northern California, was brought by Sam Keller, a former starting quarterback for Arizona State University and University of Nebraska. Keller and his attorneys at Hagens Berman Sobol Shapiro LLP claim that EA’s NCAA games use the athletes’ likenesses, accurately depicting the height, age, weight and other information, without permission.

EA had claimed the First Amendment protected its right to publish the games. After losing in US District Court, EA appealed to the Ninth Circuit.

In a 2-1 decision, the appellate court rejected EA’s first amendment defense. According to the majority opinion, “EA’s use of the likenesses of college athletes like Samuel Keller in its video games is not, as a matter of law, protected by the First Amendment.”

According to Steve Berman, managing partner of Hagens Berman and the attorney who argued Keller’s case on appeal, today’s ruling is a pivotal point in the four-year litigation.

“The Court of Appeals confirmed that EA’s defense – the First Amendment claim – was fundamentally and fatally flawed,” Berman said. “We expect that when we appear before the trial court again this fall, the defendants will have a very difficult time mounting a new defense for their blatant exploitation of student-athletes.”

A status call on the case is scheduled for Sept. 5, 2013.

Today’s ruling follows the NCAA’s decision two weeks ago to not renew its licensing relationship with EA when it expires in 2014.

1 of 2

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Options Profits

Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • Actionable options commentary and news
  • Real-time trading community
SYM TRADE IT LAST %CHG

Markets

DOW 17,776.91 +93.33 0.53%
S&P 500 2,081.34 +12.58 0.61%
NASDAQ 4,997.4590 +5.5190 0.11%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs