EA Victorious Against Dillinger Family in Godfather Case
By Contributor Chris Carlson:
After a 20 month battle in court, Electronic Arts emerges victorious and in the Godfather case. The John Dillinger Estate sued Electronic Arts for what they claimed was a violation of the copyright on the name Dillinger which was used to name a Tommy Gun machine gun in the Godfather video game.
Among the arguments in the case, the Dillinger family members claimed they control the right of publicity in connection with their infamous relative, who was killed by FBI agents in 1934 after 14-month crime spree. However, Judge Jane Magnus-Stinson of the U.S. District Court of Southern Indiana on Thursday ruled against the descendants of Dillinger.
Jane found that the Indiana Supreme Court would not agree with the Dillinger family and likely would rule that Indiana’s right-of-publicity statute doesn’t apply to personalities who died before it became law. The judge also ruled that depictions of Dillinger in popular culture have reinforced his association with the Thompson submachine gun, thus EA’s use of the name was free speech protected by the First Amendment.
