This episode covers litigation over the unauthorized use of athletes' names and likenesses in games, starting with the first reported judicial decision about this issue. That decision was Palmer v. Schonhorn Enterprises, 232 A.2d 458 (N.J. Super. Ct. 1967), a case involving the very rare PRO-AM Golf Game (1967).
More recently, this type of litigation has involved video games, such as the NCAA and Madden games from Electronic Arts. The United States Court of Appeals for the Ninth Circuit will hear oral arguments in a case involving the Madden games on September 11, 2014.
The participants in the discussion are Professor Gordon Hylton of Marquette Law School, Jonathan Jennings of the law firm Pattishall McAuliffe, and Lester Munson of ESPN.