Not Playing Around: 8 Lawsuits Involving Video Games

Former pro football player Jim Brown filed a lawsuit against Sony and Electronic Arts.
Former pro football player Jim Brown filed a lawsuit against Sony and Electronic Arts.
George Rose, Getty Images

Sam Keller, who played college football at Arizona State and Nebraska, recently filed a class-action lawsuit claiming that video game giant Electronic Arts and the National Collegiate Athletic Association illegally profit by using college basketball and football players' likenesses in video games without their permission. While the games don't use the players' names, the uniform numbers, height, weight, home state, skin tone, and even hairstyle correspond to actual student athletes, and gamers can download rosters of the players' names online. Here are 8 other examples of celebrities and athletes who took issue with their portrayal in video games and advertisements.

1. Jim Brown of the Cleveland Browns

In 2008, former Cleveland Browns great Jim Brown filed a lawsuit claiming Sony and Electronic Arts used his likeness in their Madden video game without his permission. According to the New York Daily News, the Hall of Fame running back sued because the All Browns Team, a collection of the greatest players in Cleveland Browns history, features "a muscular African-American player wearing number 32." Earlier this year, the NFL Players Association reached a $26 million settlement with its retired players after a federal jury found that the union's licensing subsidiary had allowed Electronic Arts to use retired players' likenesses in their games without compensation by scrambling uniform numbers and not using the players' names.

2. Not so Dee-Lited with Sega

In 2003, ex-Dee-Lite star Kierin Kirby, better known as Lady Miss Kier, filed a lawsuit in Los Angeles Superior Court against Sega because the main character in the popular video game Space Channel 5 bore a "striking physical similarity and likeness" to her. Kirby sought more than $750,000 in damages for misappropriation of her likeness and claimed, among other things, that the character's name, Ulala, was a blatant rip-off of one of her signature phrases, "Ooh la la." Kirby, who burst onto the scene with Dee-Lite in the early '90s with the hit song "Groove Is In The Heart," had declined a $15,000 offer from Sega three years earlier for the rights to use her image in the game. Sega argued that a version of the game featuring Ulala was released in Japan between 1997 and 1999 and the creators had never heard of Dee-Lite or Lady Miss Kier. Game over. Kirby lost the suit and a later appeal, and she was ordered to pay all of Sega's legal fees, which totaled more than $600,000. Ooh la la!

3. Baseball's old-timers strike back

Darrel Chaney, who had more strikeouts than hits in his 11-year major league career, led a group of former major leaguers in a class-action lawsuit against nearly a dozen computer game makers in an effort to earn similar compensation to what baseball's current players receive in exchange for the right to use their likenesses in games. Chaney's efforts began 2 years after Don Newcombe and several of his Brooklyn Dodgers teammates filed a similar suit against Warner Communications, the makers of Hardball 5. The lawsuits were settled in 2000. Most baseball video games no longer use former players' actual names.

4. The Romantics don't like much about Guitar Hero

The Romantics filed a lawsuit against Activision Inc., the maker of Guitar Hero, claiming that the video game infringed on their rights by featuring a recording similar to the band's best known song, the 1980 hit "What I Like About You." While Activision obtained permission to use a cover version of the song, the Romantics claimed the imitation was too much like their original recording. A federal judge in Detroit ruled against the band, which was seeking unspecified damages and an injunction on the game's sale, indicating that Activision had acted in good faith by securing the rights to record a cover version.

5. BMX racer didn't want an XXX reputation

Professional dirt-bike racer Dave Mirra filed a lawsuit against video game maker Acclaim in 2003, seeking over $20 million in damages for using his name and likeness in a game that allegedly damaged his image. According to the suit, Mirra had originally agreed to be associated with the game, BMX XXX, which the company described to him as a mature game in the vein of such films as "Airplane!" The end product, however, was much racier. Mirra alleged in the suit: "Acclaim changed the concept of the game to become more sexually explicit and pornographic, ultimately settling on nudity as a major selling point." The lawsuit was eventually settled amicably, with no monetary damages paid by either side.

6. Double trouble

In 2004, Mary-Kate and Ashley Olsen sued Acclaim for close to $500,000, citing breach of contract after the cancellation of the Mary-Kate and Ashley in ACTION! video game. Acclaim was ordered to pay nearly $178,000 as part of a settlement and filed for Chapter 7 bankruptcy soon after.

7. Suit the rapper

Curtis Jackson, better known as 50 Cent, filed suit against Traffix Inc. for $1 million for using his image in an online advertisement without his permission. As part of the Flash-based game "Shoot the Rapper," users were prompted to shoot 50 Cent as he walked along a red carpet with a click of the mouse. A successful shot redirected the user to a Traffix client's Web site. "It looks like him, and there's no doubt the character is intended to be him," 50 Cent's lawyer said.

8. "Finish him" in court

Ho Sung Pak sued Midway, Acclaim, Sega, and Nintendo, the makers of Mortal Kombat, for using his likeness and name without his consent. Pak, whose name appears in the credits, claimed the character Liu Kang was based on him. Pak was paid $2000 to lend his support to the arcade version of the game produced by Midway and two other companies, but sought compensatory damages for the alleged misappropriation of his name and likeness in the wildly popular at-home version. The case settled on the eve of a jury trial. Pak, who is a member of the Black Belt Hall of Fame, played Raphael in the second and third Teenage Mutant Ninja Turtles movies.

Bonus: I'd like to buy a foul

This lawsuit involves an electronics giant, not a video game, so we're including it as a bonus. In 1993, Wheel of Fortune's Vanna White filed a lawsuit against Samsung for misappropriating her identity in a print advertisement. The ad, for a VCR, featured a robot in a blond wig and evening gown turning letters with a caption that read, "Longest running game show. 2012 A.D." White won the lawsuit, which was affirmed by the United States Court of Appeals for the Ninth Circuit. The court ruled in favor of White's claim of a right to her property of publicity.

Celebrate the Holidays With the 2020 Harry Potter Funko Pop Advent Calendar

Funko
Funko

Though the main book series and movie franchise are long over, the Wizarding World of Harry Potter remains in the spotlight as one of the most popular properties in pop-culture. The folks at Funko definitely know this, and every year the company releases a new Advent calendar based on the popular series so fans can count down to the holidays with their favorite characters.

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Right now, you can pre-order the 2020 edition of Funko's popular Harry Potter Advent calendar, and if you do it through Amazon, you'll even get it on sale for 33 percent off, bringing the price down from $60 to just $40.

Funko Pop!/Amazon

Over the course of the holiday season, the Advent calendar allows you to count down the days until Christmas, starting on December 1, by opening one of the tiny, numbered doors on the appropriate day. Each door is filled with a surprise Pocket Pop! figurine—but outside of the trio of Harry, Hermione, and Ron, the company isn't revealing who you'll be getting just yet.

Calendars will start shipping on October 15, but if you want a head start, go to Amazon to pre-order yours at a discount.

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The Surprising History of Apple Cider Doughnuts

Apple cider doughnuts have a surprisingly modern history.
Apple cider doughnuts have a surprisingly modern history.
bhofack2/Getty Images

Apple cider doughnuts are synonymous with fall, particularly in New England, where apple orchards from Maine to Connecticut use their own cider to flavor the fluffy, golden rings. Both sweet and savory, and often dusted in finger-licking cinnamon sugar, apple cider doughnuts may seem like a quaint tradition inherited from Colonial times—but the tasty treats have a more modern history that may surprise you.

It all started with Russian immigrant and entrepreneur Adolf Levitt. According to Glazed America: A History of the Doughnut, Levitt bought a chain of New York bakeries in 1916. He was impressed by American soldiers’ fondness for the fried loops of flavored dough and began developing a doughnut-making machine to take advantage of troops’ appetites. In one of his early marketing coups, he installed a prototype in the window of his Harlem bakery in 1920. The machine caught the eye—and the cravings—of passersby. Levitt went on to sell his doughnut-making machines and a standardized flour mix to other bakeries.

He spun his marketing prowess into founding the Doughnut Corporation of America. The corporation evangelized doughnuts in marketing campaigns across print media, radio, and TV. A World War II-era party manual the DCA produced noted, “no other food is so heartwarming, so heartily welcomed as the doughnut.” Levitt’s granddaughter Sally L. Steinberg wrote that Levitt, “made doughnuts America's snack, part of office breaks for coffee and doughnuts, of Halloween parties with doughnuts on strings, of doughnut-laden political rallies.”

The DCA launched the first National Doughnut Month in October 1928. In its zeal, the DCA sometimes made dubious recommendations. In 1941, along with surgeon J. Howard Crum, it advocated for the single source “doughnut diet.” Later it marketed “Vitamin Doughnuts” based on an enhanced flour mix it claimed provided more protein and nutrients than made-at-home creations. (The federal government required them to use the name “Enriched Flour Doughnuts,” according to Glazed America.) A skeptical public didn’t gobble up the sales pitch—or the doughnuts.

In 1951, however, the DCA introduced a flavor with staying power. A New York Times article from August 19 of that year observed, “A new type of product, the Sweet Cider Doughnut will be introduced by the Doughnut Corporation of America in its twenty-third annual campaign this fall to increase doughnut sales. The new item is a spicy round cake that is expected to have a natural fall appeal.”

The cider doughnut recipe gives a fall spin to the basic buttermilk doughnut by adding apple cider to the batter, with cinnamon and nutmeg boosting the autumnal flavor. Each orchard typically has its own family recipe and usually serves them paired with mulled apple cider. The doughnuts have caught on well beyond pastoral landscapes and are now seasonal favorites in national chains and home kitchens. Dunkin’ has taken up the mantle, and Smitten Kitchen and The New York Times have recipes for a make-at-home version.

Although the apple cider doughnut has stood the test of time, the DCA didn’t. J. Lyons & Co. bought out Levitt’s DCA in the 1970s, and the entrepreneurs behind Seattle’s Top Pot Doughnuts later bought the DCA trademark. The company distributes its doughnuts nationwide; however, its offerings don’t include a cider doughnut.