DAVIS v. ELECTRONIC ARTS INC.

No. 12-15737.

775 F.3d 1172 (2015)

Michael E. DAVIS, aka Tony Davis; Vince Ferragamo; Billy Joe Dupree; Samuel Michael Keller, Plaintiffs-Appellees, v. ELECTRONIC ARTS INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 6, 2015.


Attorney(s) appearing for the Case

Alonzo Wickers IV (argued), Kelli L. Sager , Karen Henry , Kathleen Cullinan and Brendan Charney , Davis Wright Tremaine LLP, Los Angeles, CA; Robert Van Nest , R. James Slaughter and Adam Lauridsen , Keker & Van Nest LLP, San Francisco, CA, for Defendant-Appellant.

Brian D. Henri (argued), Henri Law Group, Palo Alto, CA, for Plaintiffs-Appellees.

Duncan W. Crabtree-Ireland and Danielle S. Van Lier , Screen Actors Guild-American Federation of Television and Radio Artists, Los Angeles, CA, for Amicus Curiae Screen Actors Guild-American Federation of Television and Radio Artists.

Before: STEPHEN REINHARDT, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.


OPINION

We are called upon to balance the right of publicity of former professional football players against Electronic Arts' (EA) First Amendment right to use their likenesses in its Madden NFL series of video games. We previously held EA's unauthorized use of a former college football player's likeness in...

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