"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.