Hart v. Electronic Arts, Inc.

OPINION

GREENAWAY, JR., Circuit Judge.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant’s claims stemmed from Appellee’s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District Court granted summary judgment in favor of Appellee on the ground that its use of Appellant’s likeness was protected by the First Amendment. For the reasons set forth below, we will…