In a pre-emptive strike, Electronic Arts has filed a lawsuit seeking court approval to use the Dillinger name in association with machine guns featured in its Godfather games.
The move was made after the owner of the Dillinger estate - which claims to hold the rights to the famous 1930s bank robber John Dillinger’s name and likeness - threatened EA with litigation for violating right of publicity and infringing upon its trademarks.
The Dillinger estate opposes EA’s use of the "Dillinger Tommy Gun" in The Godfather and the "Modern Dillinger" in The Godfather 2, reports GamePolitics.
In its suit against Indiana-based Dillinger LLC, which was filed last week, EA said: “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... 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.”
Developed by EA Redwood Shores, the multiplatform Godfather series combines open-world action with territorial control aspects similar to strategy games. The publisher said in June that the chances of making a third Godfather title were slim, with EA Games label president Frank Gibeau noting that licensed titles would play less of an important role in the company’s strategy.