Dillinger, LLC v. Electronic Arts, Inc.
United States District Court for the Southern District of Indiana
101 U.S.P.Q.2D (BNA) (2011)
- Written by Eric Miller, JD
Facts
Electronic Arts, Inc. (EA) (defendant) created video games based on the Godfather film series. The games gave players a choice of firearms. One option was a Thompson submachine gun, which the game referred to as a Dillinger Tommy Gun due to its popular association with the 1930s bandit John Dillinger. Dillinger died before the postwar era in which the games were set. Dillinger also operated almost exclusively in a different part of the country than the fictional Corleone crime family from The Godfather. Dillinger, LLC (plaintiff), which purported to own both Dillinger’s publicity rights and trademark rights in the name “John Dillinger,” filed claims in the United States District Court for the Southern District of Indiana, citing violation of the Lanham Act and unfair competition under common law. Dillinger, LLC, asserted that the name Dillinger had no artistic relevance to EA’s Godfather video games, and that even if the name were relevant, its use was explicitly misleading to consumers. EA moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Magnus-Stinson, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
