IP News & Transactions

Video Game Images – Exactly Who Is That?

Your author recently came across a superbly written article and legal note by Jeffrey Sullivan, Esq., a partner with Baker Botts LLPin their New York City office.  The article discusses a lawsuit recently filed by Mr. Sam Keller in the United States District Court for the Northern District of California against the National Collegiate Athletics Association (NCAA), the NCAA’s licensing division, and Electronic Arts, Inc. (EA).  Mr. Keller, a former football quarterback for Arizona State University (ASU), alleges in his complaint that EA’s use of player images in its NCAA Football video game infringes upon his and other college players’ “rights of publicity.”  In essence, Mr. Keller alleges that with the exception of a player’s name, every other aspect of football players portrayed in the video game can be attributed to actual players, such as himself.  Mr. Keller points out in his complaint a number of similarities between himself and the ASU quarterback portrayed in the game – for instance, the ASU quarterback in the accused game wears jersey number 5 – which was also Mr. Keller’s jersey number. Mr. Keller also alleges that in developing NCAA Football, EA regularly contacts college team representatives to find out about the unique physical and style attributes of their players, so that these attributes can be incorporated into the game’s player characters.

 

I personally find this case to be fascinating; and Mr. Sullivan’s article is not only an excellent legal note, but a great read as well.  (In his article, Mr. Sullivan mentions the now-aged Mattel/Coleco game “Electronic Quarterback,” which used LEDs to portray football players on the field.  A game I remember, and an excellent bit of nostalgia!)

 

Mr. Sullivan’s article may be found at http://www.bakerbotts.com/file_upload/IfItsSortOfInTheGame.htm.

IBM’s New Patent on Business Meetings!

Your author just came across an excellent note by Gene Quinn at IP Watchdog, where he describes in detail a new patent application submitted by IBM that purports to cover methods related to setting dates and times for business meetings.  (Your author is surprised that IBM did not file this as a continuation-in-part to its pending application on the rotation of the earth!)  Mr. Quinn’s point in highlighting this application is to underscore the “hypocrisy” of IBM and its executives in their recent complaining to Congress about the questionable quality of most patent applications submitted to the PTO.   However, your author thinks this application might very well be the most valuable patent application ever made – after all, I may be able to get out of yet another needless business meeting just by telling my peers that I do not want to infringe on IBM’s patent!

Mr. Quinn’s note may be found at http://www.ipwatchdog.com/2009/05/11/ibm-seeks-patent-on-time-management-of-meetings/id=3367/.

Patent Reform, And Politics As Usual

An excellent blog posting by Gene Quinn of IP Watchdog breaks down the politics of the current effort in Congress to reform existing United States patent laws.  Mr. Quinn points out that because of the likely importance of the upcoming 2010 congressional election cycle, no member of Congress will be looking to involve themselves in any voting matter that could affect their ability to raise campaign funds for the 2010 elections.  As such, Mr. Quinn suggests that despite whatever progress has been made thus far by Congress in working out a patent reform bill that is acceptable to both Democrats and Republicans (and Mr. Lieberman, who I believe is kind of a Demo-Republi-Crat), that progress will not matter unless the bill comes to a vote before Labor Day 2009.  If no vote comes by then, it seems likely that patent reform will again be on the shelf for some time.

 

Mr. Quinn’s article may be found at http://www.ipwatchdog.com/2009/04/30/uncertain-future-for-patent-reform-legislation/id=2980/.