Text Size   Decrease Font SizeIncrease Font Size

O’Bannon v. NCAA: EA Sports is Out

Written by Christian Dennie   
Thursday, 12 May 2011 03:28

EA Sports has been at the center of two law suits, O’Bannon and Keller aka In re Student-Athlete Likeness Litigation, relating to the use and licensing of student-athlete likenesses.  EA Sports’ use of student-athlete likenesses in its popular videogames has been heavily scrutinized and debated.  There have been numerous articles, legal symposia, and academic discussions bemoaning this practice.  It appears this debate from an antitrust perspective is over.

Judge Claudia Wilken, United States District for the Northern District of California, dismissed Ed O’Bannon’s complaint against EA Sports.  The O’Bannon class sets forth arguments that EA Sports, CLC, and NCAA conspired to require all current student-athletes to sign forms each year that requires them to relinquish all of their rights in perpetuity for use of their images, likenesses, and/or names to deny student-athletes compensation.  However, Judge Wilken stated O’Bannon’s amended complaint does not contain any allegations to suggest that EA Sports agreed to participate in the alleged conspiracy.  Although O’Bannon’s antitrust claims against EA Sports were dismissed, Keller’s claims (right of publicity) against EA Sports continue.  EA Sports attempted to have Keller’s claims dismissed also, but such request was denied. EA Sports is currently appealing the ruling by stating Keller’s claims violate California’s anti-slapp laws.

For any questions, feel free to contact Christian Dennie at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


Recent News

Three BGS Lawyers Named in The Best Lawyers in America 2017

Elliott Garsek (Banking and Finance Law, Closely Held Companies and Family Businesses Law, and Litigation - Banking and Finance),  Zach Garsek (Real Estate), and Ben Barlow ...

[Read More]

Judd Pritchard Plays Host to Hogan Award Finalists

Judd Pritchard, in his role as a member of the Hogan Award Committee, plays host to the three finalists for the Hogan Award (http://thebenhoganaward.org/), which ...

[Read More]

Contact Us

Barlow Garsek & Simon, LLP
920 Foch Street
Fort Worth, Texas 76107
Phone: 817.731.4500
Fax: 817.731.6200

©2015 Barlow Garsek & Simon, LLP
Law Firm Web Design by The Modern Firm