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Video game maker wins IP suit

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Indiana Lawyer Rehearing

U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”

Mooresville-based Dillinger LLC 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.

But Judge Magnus-Stinson disagreed, finding June 15 that the video games are protected under the First Amendment as “literary works.” The judge wrote 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 Dillinger name use in the game under Indiana’s Rights of Publicity statute, since the law was enacted long after Dillinger died.

No decision has been made about whether the Dillinger heirs will appeal to the 7th Circuit Court of Appeals, according to attorney Jonathan Polak with Taft Stettinius & Hollister. Local counsel for EA is Bose McKinney & Evans.

IL Nov. 11-24, 2009,  "Using a name"

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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