United States Third Circuit

Summary judgment for defendant on plaintiff's claim that defendant violated his right of publicity for using plaintiff's likeness and biographical information in its NCAA Football series of videogames is reversed and remanded, where: 1) the NCAA Football 2004, 2005 and 2006 games at issue in this case do not sufficiently transform plaintiff's identity to escape the right of publicity claim; and 2) the only apparent use of plaintiff's likeness in NCAA Football 2009 (the photograph) is protected by the First Amendment, plaintiff's overall claim for violation of his right of publicity should have survived defendant's motion for summary judgment.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• GREENAWAY

Court

• United States Third Circuit

Counsel