Mask-wearing fan suing EA over likeness in Madden 09

by Ben Gilbert on Oct 4th 2009 5:30PM

He might be known for wearing a bug-eyed dog mask and representing the most hardcore of Cleveland Browns fans, but John "Big Dawg" Thompson isn't down with his likeness being used in EA Sports' Madden NFL 09. No, not just because it misrepresents his jersey's number (98 in real life, 92 in the game) -- it's because EA Sports is using his likeness without ever having actually asked permission.

So John Thompson (not to be confused with that other Thompson) has filed a complaint at the Cuyahoga County Court of Common Pleas seeking restitution "in excess of $25,000." He's also looking to block EA's ability to sell the game or use "the Big Dawg character" without his expressed permission in the future. We hate to tell you, John, but that game kinda came out last year.

Source

Tags: cleveland-browns, ea, ea-sports, Electronic-Arts, football, gamespot, john-big-dawg-thompson, john-thompson, lawsuit, madden-09, madden-nfl-09

Reader Comments (66)

Can I just say how retarded this is?

Can I? Ok.

This is retarded.

seriously. if my likeness was in a video game, especially one as big as madden, i wouldn't care at all. that would be pretty freakin awesome.

Yeah, it's just my man-cave with a bunch of TVs in it. The TVs stay permanently, no moving them around based on the day.

We finally moved into a new place that had somewhere I could set up a man-cave a few months ago so I told the wife she could pick the paint, furniture, etc for the entire rest of the house in exchange for her having no veto power on the man-cave ;)

I also painted it bright green, partially because I could.

I find it perfectly believable that Cody has a wife and/or friends

You were more civil than I was going to be, Señor Wayne, and for that I salute you. "Bro-time" or "Dudes night out" are both elements of a healthy relationship, pal. Having space to yourself is healthy, if you can't handle having a big enough living space to have your own 'space' within your home, then too fucking bad for you, douche.

yeah, seriously. everyone needs their alone time. if you spend too much time with someone, things will go downhill eventually.

"Dude's night out.
Bro time.
Man Cave.
etc fucking etc"

Why is fucking at the bottom at that list? Are you implying you have relations with your male friends?

"Put on sumthin' sexy, git me my chew spit stained Gators foam finger, and bring me n' my boys some gat damn malt liquor" Yeah dude you're awesome.

@Markez

Vols, Bitch?

@ sly

Aren't you in your teens? I do not feel comfortable taking advice on relationships from you. :P

and when do relationships start meaning anything? that's right. in your teens.

And what would know from retarded? Ugh. Just so wrong to use that word. No matter how you look at it. It's not cool, not funny and just so offensive.

Clearly EA got confused and thought they were supposed to ask Jack Thompson if they could put him in Madden 09. Little do most know, but Jack Thompson does play in the NFL, his number IS 92 and no one likes him.

Ah man, I was just about to bring out my own web series based around Big Dawg. Back to the drawing board...

http://www.sheroke.com/fan_bigdawg.jpg

He's probably just venting his frustration over the Browns sucking major balls, I would assume. Or his frustration from just getting a DUI a cuppla months ago?

In Madden 09, do they also have the douchebag that wears the oversized novelty milkbone on his head that sits next to him? http://farm2.static.flickr.com/1042/1177508309_231a870895.jpg

That's him? #98? I can't tell where the dog mask ends and the double/triple chins begin....

Great, now I'm not going to be able to sleep tonight.

oh and... much love to my chubby brothers that frequent the site. no slight was meant against you w/ my previous comment. I think we can all agree that if that pic is any indication, that guy is gaimongle.

yeah, my first thought was "DAMN he's huge!". then i thought that he would probably spend his court earnings (if he wins, which i doubt) on mcdonalds for life, or liposuction.

Which brings to mind the question.... how long do you think Mcdonald's for life would actually last him? I could see him tearing through that pretty fast.

he'd put a pretty big chunk into mickey d's profit margin. which is saying a lot.

He may have a claim here if he can sufficiently prove "celebrity" status. It's a lot harder to claim a right of publicity if you aren't well known. I imagine Saint Vince would have a similar claim if he got thrown in the game: http://pastorstrey.files.wordpress.com/2009/08/st-vince.jpg

You got me to thinking about loony fans, and found a list... http://www.nflfootballstadiums.com/NFL-Fanatics-Unite.htm

It somehow oddly misses two more notable Vikings nuts, but funny enough the douche that wears the milkbone on his head is listed here.

they should all do what the Packalope did and trademark themselves

vidGuy is right. If he can prove in a court of law that his name and likeness are well known enough that unauthorized use could be used by a company for profit, then he has a solid case and will win this. I personally have never heard of him, but I dont watch football until the playoffs. Its a pretty slim window, but I can see EA settling with him over this.

We should all be more like the packalope.

I watch football like my life depends on it (have a Sunday Ticket room set up with a bunch of TVs) and this guy is most certainly not a celebrity of any kind. Maybe in some kind of dreamland.

Sunday Ticket room? I don't watch football at all, i barely understand the rules, but is that like a permanent man cave or every sunday do you bring a bunch of tvs, yours or maybe your friends who watch with you, into one room?

i hadn't heard of him before this, and a bunch of my friends said they don't know him, so i doubt this case will go anywhere.

and wayne, you should know the most about mancaves out of all of us.

@Sly:
That's because he's not Batman at the moment. He's still using his rich playboy persona to distract us and therefore cannot talk about anything related to Batman. You should know that after watching The Dark Knight. ;-D

Kind of depends on whether he is active in the community he has attained a level of celebrity. I know a couple of the "superfans" for the Chiefs (went to school with one of them). Those guys don't just put on funny outfits for the games, they do local events, charity events, special shit for the team, get interviewed by local (and sometimes national media), all sorts of stuff.

I would say that there are definitely some superfans who could legitimately claim the celebrity status.

im from right outside of cleveland and hes extremely well know around here... so he might have a case. hes not asking for much from a huge company, $25,000? they should just pay him off and get it over with...

vcize: But in a way, EA has damned themselves by recognizing his notoriety enough to simulate him in the game.

He'll see some sort of settlement I suppose.

I feel like this needs a LGJ column, unless there already has been one and i didnt read it.

Yea, that would be interesting. Though I don't know how complicated this issue really is. I mean, If the dude has a trademark in that character and the likeness thereof it seems pretty cut and dry that EA should've gotten a license. Also, as someone else mentioned, he may even have some right of publicity going on here. Then again, maybe you give up those rights when you enter a stadium? I could see the NFL and Stadium-owners making some disclaimer like that to cover thier asses during game coverages when these characters are seen on TV.

Is this the same "Big Dawg" that is on those shirts? It's like a bipedal version of a pitbull and they do lame things like dunking and what-not. I once saw a big dawg shirt that said "Lord of the Big Dawgs" and it was a bunch of the human-like dogs standing together like the Fellowship of the Ring cover.

They are pretty much a more hardcore version of wolf shirts.

Nope. Different "Big Dawg."

They should do an out of court settlement and agree to never sell Madden 09 again.

I think that's fair.

he will win this case when Cleveland makes the super bowl.

maybe in like 2016 if they find a quarterback

So wait, the browns are dogs? I never knew what the hell a brown was.

I always assumed it was just like my hometown Syracuse's team in both football and basketball, we're the Orange, and our mascot is just a sentient ball of orange

Well at least that ball of orange resembles a fruit. I don't want to think what a Brown would resemble...

Back at one of my first jobs out of college I had a client I worked with in Cincinnati. In reference to Cleveland's NFL squad, he made a point to say on a regular basis "if it's brown, flush it down"

Scooch would sort of be like an orange if he didnt have blue arms and feet and wasn't fuzzy. Also i was sort of wrong, Scooch is for baseball while Otto is for football and basketball

No the Browns are named after somebody, I forget who. Maybe Paul Brown?. Dawgs are the crazy fans. Then there's the "Dawg Pound", the most insane endzone seats in the league.

well the old mascot was a brownie... little fairy guy, but the team was named after paul brown who was their first head coach among other duties

So EA put a black man in the game wearing a Browns hat and a different number than the one he wears on his jersey, and he tries to sue saying that it's him? He looks just like any other fan to me. No wonder it took a year for him to even notice though, nobody would ever pick the Browns, even in a video game.

Pic of Big Dawg:
http://www.sheroke.com/fan_bigdawg.jpg

Yup, looks like your typical "black man" to me.

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Mask-wearing fan suing EA over likeness in Madden 09

Reader Comments (66)

Posted: Oct 4th 2009 5:36PM ArchiGamer said

Posted: Oct 4th 2009 6:50PM Sly C said

Posted: Oct 4th 2009 7:14PM Vcize said

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Posted: Oct 4th 2009 8:07PM MarkezJM said

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