The estate of famed General George S. Patton is suing a video game developer for wrongfully misappropriating Patton's image under a similar theory to that used by Lindsay Lohan and Manuel Noriega earlier this year. According to Ars Technica, the rights holders to Patton's name and likeness (CMG Worldwide) sued Maximum Family Games over their video game, History -- Legends of War: Patton, which lets players play as General Patton in WWII. "Maximum’s conduct has damaged the value to CMG of General Patton’s name, image and likeness; has interfered with CMG’s ability to license General Patton’s name, image and likeness for use in other video games; and has damaged CMG’s ability to enforce its rights to General Patton’s name, image and likeness against third parties," explains the complaint. "Consumers would readily understand that Maximum’s use of General Patton’s name, image and likeness in connection with the Infringing Video Game is a reference to General Patton.
Indeed, Maximum expects and intends consumers to understand this as part of its marketing efforts." The legal theory used by the estate is similar to the ones that Manuel Noriega and Lindsey Lohan used earlier this year against video game developers. The court in Noriega's suit dismissed the case, noting the transformative nature of Noriega's depiction and the historical context surrounding his depiction. Lohan's case is still pending. Despite overlap in legal theories between the Patton and Noriega cases, there are enough factual differences that the court could come out either way. The Noriega court did emphasize Noreiga's prominent (and notorious) place among historical figures, but also reasoned that Noriega wasn't a central feature in Call of Duty: Black Ops II, which featured him in only 2 of the 11 missions. Legends of War: Patton not only features the use of Patton's name in the title, it also allows players to play as Patton within the historical context for which he is famous -- WWII.
Like Noreiga's lawsuit, this case presents unusual issues in the context of the First Amendment, which is a defense to right of publicity lawsuits. Generally, the historical prominence has weighed in favor of a First Amendment defense, but the court will also consider how the person's likeness has been used. Either way, the decision could deal a major blow to video games featuring historical figures. Rachel is a freelance writer and lawyer in Washington. You can find her on Twitter.Star Wars CollectionHuge CollectionEpic LegoAwesome Lego70 SetsPerson'S HouseLego Star Wars SetsWars LotMassive LegoForwardThe ultimate gift for any Star Wars or LEGO fan this year? Check out this HUGE collection of over 70 sets of Star Wars LEGO. You will have no problem re-enacting any battle, or creating new ones for years to come! Eligible for FREE UK Delivery Details 25 used & new from & FREE Delivery in the UK. Sold by brick-train-shop "price incl. VAT" and Fulfilled by Amazon. Fulfilment by Amazon (FBA) is a service Amazon offers sellers that lets them store their products in Amazon's warehouses, and Amazon directly does the picking, packing, shipping and customer service on these items.
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Mike Addis and Catherine Weightman used more than 200,000 bricks to create it.For 20 years they have built festive models including a Dalek, but this year their children refused to help when their pleas for the Star Wars space station were dismissed."They're hiding Star Wars toys inside. It's their revenge," Mr Addis said.The couple, who live in Huntingdon, Cambridgeshire, have been lifelong fans of the building bricks and made their first model when son Tom, now 22, was a baby. Since then the living room has been dominated by a variety of 7ft (2m) "Christmassy" Lego angels, Olympic mascots, gingerbread houses and even a Santa Claus Dalek.In the past, the couple's children have helped create the models but this year all three - Tom, Holly, 19, and Christopher, 16 - refused to join in. "Choosing Durham Cathedral over a Star Wars Death Star was the last straw," Ms Weightman said.This year's Lego model was inspired by a recent visit to her hometown.The city's cathedral is currently raising funds by asking people to donate £1 towards one of 350,000 Lego bricks it is using to build its own model of part of the edifice."