In re NCAA Name & Likeness Litigation
We are representing Electronic Arts Inc. (EA) in a right-of-publicity case brought by a putative national class of current and former student athletes. The athletes sued EA, the National Collegiate Athletic Association, and the Collegiate Licensing Company, claiming that EA improperly used their likenesses and biographical information in its NCAA Football and NCAA Basketball video games. The case is currently on appeal at the U.S. Circuit Court of Appeals for the Ninth Circuit. At issue is what legal test the circuit will adopt when balancing the right of publicity against EA's first amendment rights.