Brown appeals dismissal

Updated: July 6, 2010, 11:38 PM ET
Associated Press

SAN FRANCISCO -- NFL Hall of Famer Jim Brown is asking a San Francisco appellate court to overturn a federal judge's decision to dismiss his lawsuit against video game maker Electronic Arts.

Brown filed the request Tuesday with the 9th U.S. Circuit Court of Appeals. He argues U.S. District Judge Florence-Marie Cooper was erroneous when ruling in September that Electronic Arts was protected by First Amendment rights when it created a character similar to Brown for its Madden NFL video games.

The former Cleveland Browns great's 2008 lawsuit argued his trademark rights were violated by the game.

The 74-year-old played nine seasons with the Browns before becoming an actor and then an activist.

Cooper died in January of lymphoma.

Electronic Arts spokesman Jeff Brown told The New York Times in an e-mail that the company is confident Cooper's ruling will be upheld.


Copyright 2010 by The Associated Press

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