A federal judge in Los Angeles has dismissed a lawsuit brought against EA by a former N.F.L. player over the use of his likeness in the publisher’s football series.

Jim Brown had alleged that EA illegally used his likeness in two historical teams on the Madden franchise. In the games, Brown’s character is anonymous and wears a different jersey to the one he wore in his playing days.

“The Madden NFL videogames are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment,” judge Florence-Marie Cooper wrote,” according to the New York Times.

Brown could still file a fresh lawsuit against EA in a California state court under a right-of-publicity claim. In the meantime, he and another retired N.F.L. player, Herb Adderley, have asked for permission to support a separate lawsuit brought against EA and the N.C.A.A. by Sam Keller, which alleges that both are illegally profiting from the images of college football and basketball players, as they feel its potential dismissal would "significantly harm" retired athletes.

In June, the NFL Players Association settled a lawsuit out of court with a group of over 2,000 former players who were seeking licensing fees related to videogames, trading cards and other products that featured their likenesses. The NFLPA paid out $26 million, netting the former players about $10,000 each after fees.