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A Case Summary Of The N. Vs. V. Motorola, Inc.

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One case that we can look back on to show that the way FanDuel uses Pierre Garcon’s and other NFL player’s names and likenesses is not considered misappropriation is The National Basketball Assn. v. Motorola, Inc. In this case the National Basketball Association (“NBA”) filed a suit against Motorola for the unlawful misappropriation of statistics and scores from the NBA games to subscriber’s paging devices called SportsTrax. The ruling in this case was that Motorola had not illegally misappropriated the statistics and scores from NBA games to their subscribers. The court’s reasoning behind this was that any person with access to the internet could find these statistics and scores, so the NBA was not able to claim that they had sole ownership of them. If the NBA had …show more content…

A case that supports this claim is Keller v. Electronic Arts, Inc. In this case Sam Keller filed a lawsuit against Electronic Arts claiming that the company’s use of his likeness in their college football video game violated his right to publicity. Electronic Arts filed a motion to strike the case, and the court denied this motion. Keller claimed that the use of his jersey and number, along with many of his physical characteristics used in the game was misappropriation because he was never compensated for that use. This case was then absolved into the O’Bannon v. National Collegiate Athletic Association case, where Electronic Arts along with Collegiate Licensing Company settled for $40 million which was the form of compensation. FanDuel uses Pierre Garcon’s name and even other NFL players’ names and likenesses without their permission in their advertisements, so they too should have to compensate them for their

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