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Judge: video games don't infringe on Dillinger trademark

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A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."

U.S. District Judge Jane Magnus-Stinson wrote in a ruling Thursday that the Electronic Arts Inc. video games in which players can choose a "Dillinger" gun are protected under the First Amendment as "literary works."

Mooresville-based Dillinger LLC had filed suit in October 2009, claiming Redwood City, Calif.-based Electronic Arts violated its trademark to the Dillinger name and character by appropriating it without their consent. They claimed the use of Dillinger's name had no artistic relevance to the Godfather games for Sony Playstation, Microsoft Xbox and Nintendo Wii, and that the depiction misled players into thinking the games had the endorsement of Dillinger.

The judge disagreed, writing that the Dillinger name is "quite incidental to the overall story of the game" and not a main selling point. Dillinger, who was killed by FBI agents in a 1934 shootout, was not alive during the period depicted in Francis Ford Coppola's “The Godfather” films.

“The court cannot simply infer that the Dillinger name confuses the public, let alone that such confusion outweighs First Amendment concerns,” Judge Magnus-Stinson wrote. “All that is challenged here a single text-line used to identify one of many weapons within a visually complex videogame comprised of countless artistic elements.”

The judge also ruled that Dillinger LLC, which owns the trademark for the Depression-era bank robber, cannot challenge the depiction of the Dillinger name under Indiana's Rights of Publicity statute, since the law was enacted long after Dillinger died. The judge effectively sided with EA on all counts.

The Dillinger heirs, which are represented by Taft Stettinius & Hollister, are expected to appeal the ruling to the Seventh Circuit Court of Appeals. Local counsel for EA is Bose McKinney & Evans.

In the Electronic Arts games, players maneuver through a virtual world based on “The Godfather” films’ story line, facing rival gangs in a quest to become the most powerful mob family in America and Cuba. The lawsuit notes that, as the games progress, players must obtain weapons with greater firepower. Different iterations of the game offer various versions of the Dillinger Tommy Gun.

The heirs were seeking a permanent injunction restraining EA from selling any games using Dillinger’s name, for all unsold games to be turned over for destruction at Electronic Arts’ cost, and an order requiring EA to pay for rehabilitative advertising of the Dillinger trademark.

This story originally was published in the June 17, 2011, IBJ Daily.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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