Jim Brown, nine-season running back for the Cleveland Browns and NFL Hall of Fame inductee, filed a lawsuit against Electronic Arts in 2008 for using his likeness in Madden '09 without first obtaining his permission. Last September, U.S. District Judge Florence-Marie Cooper (who passed away in January from lymphoma) ruled that EA was protected by First Amendment rights -- a decision which Brown is now attempting to overturn in a San Francisco appellate court.
Brown requested the review earlier this week at the 9th U.S. Circuit Court of Appeals. According to the Associated Press, EA representative Jeff Brown emailed the New York Times, saying the industry juggernaut is "confident" the ruling won't change. So, for those of you keeping score: EA's Jeff Brown says Jim Brown from the Browns won't win.