Stroock Special Bulletin
"Game On! Third Circuit Rules in Hart v. Electronic Arts, Inc."
This Stroock Special Bulletin examines the Third Circuit's recent decision in Hart v. Electronic Arts, Inc. (No. 11-3750), which represents a major triumph for the publicity rights of athletes and performers. Applying the Transformative Use Test, the Court found that the videogames at issue did not sufficiently transform the plaintiff/appellant's likeness to escape his right of publicity claim. Accordingly, the Court reversed the district court's granting of the defendant's motion for summary judgment and remanded to the district court.