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.)
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