An item called the Dillinger Tommy Gun appears in The Godfather: The Game and an gun called Modern Dillinger is in The Godfather II, both nods of course to the notorious bank robber of the same name. This doesn't sit well, however, with a distant ancestor who owns the Indiana-based Dillinger LLC, which lays claim to all things Dillinger. GamePolitics indicates that EA has responded by filing a suit in San Francisco federal court, asking a U.S. District Court judge grant them leverage to use the name Dillinger.
"On July 22, 2009 Dillinger LLC, through its litigation counsel, contacted EA to accuse it of violating Dillinger's right of publicity and infringing upon its trademarks. Dillinger threatened EA with litigation unless it agreed to pay Dillinger millions of dollars for the game elements..." reads the filing by EA in part. "Following Dillinger's recent conduct, EA is faced with the choice of either abandoning its rights to develop, publish and sell the works at issue or risk liability for damages."
According to a story in the Arizona Star, Dillinger LLC also sued a local hotel over their "Dillinger Days" event. Indiana state law apparently protects a person's personality like a trademark for 100 years after their death.
It strikes us as a bit ludicrous that the grandson of a half-sister could prevent the use of just the Dillinger name without permission, but wackier state laws than this one are on the books.
3 Comments
12 months ago
Nonsense. Dillinger robbed banks, and his name and personna became public record. EA should ignore the suite and tell the sociopathic relative to go kiss. By the way the petitioner could not be an ancestor, unless he is, of course, coming back from his Hill-Billy Hoosier grave. He is more than likely a 'decendant'!
No matter, if I was either, I shouldn't wish to advertise that infamous fact of my heritage. By the way I live 4 miles from Daleville, IN that in the recent past celebrated 'Dillinger Days' annually, with no mention of a lawsuit. The bank in Daleville, which is still standing, was reportedly the first bank that Johnny boy robbed.
12 months ago
Interesting stuff. Quick note: EA is bringing a dec relief action, which means they aren't being sued. They just want clarification on who has what rights.
12 months ago
So it appears. I've changed the title to be more accurate.
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