Supreme Court Case May Impact EA's NFL Exclusive

March 5, 2009 -

A non-gaming case currently before the United States Supreme Court stands to have a massive impact on the video game industry.

The case is American Needle vs New Orleans Saints, et al. Should the Supreme Court find in favor of plaintiff American Needle, an apparel manufacturer, EA's exclusive NFL licensing deal and Take-Two's third-party exclusive with Major League Baseball could be found in violation of federal antitrust (i.e., monopoly) statutes. Such a determination would free other publishers to make games based on the NFL and MLB.

SCOTUSblog, which tracks happenings before the Supreme Court, reports on the case:

The NFL used to license American Needle to sell hats that bore the logos, the names or other insignia of pro football teams... But, in 2000, the NFL opted to solicit bids for an exclusive license to produce caps and other headwear.  Reebok won the bidding, and in 2001 got an exclusive ten-year license.  American Needle’s license was not renewed. So it sued the NFL, all of its teams, NFL Properties, and Reebok.

American Needle’s case was thrown out by lower courts... “The [Supreme] Court has stated, on more than one occasion,” American Needle asserted, “that application of the Sherman Act to professional sports teams is wholly consistent with Congressional inent...”

What happened to American Needle in relation to apparel is essentially what happened to Take-Two in regard to its excellent NFL2K series when EA scored its exclusive license with the NFL in 2004.

Attorneys for EA are clearly tracking the American Needle case. The phrase "American Needle" appears nine times in a transcript of arguments made by attorneys last November in Pecover vs. Electronic Arts, a class-action suit which alleges that consumers were hurt by EA's NFL exclusive (see: Spirited Courtroom Argument Highlights Madden Monopoly Case).

SCOTUSblog reports that the Supreme Court has requested government lawyers to weigh in on the case.


Comments

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm Rooting for the Exclusivity Deals to be dropped by the supreme court(That'll Teach EA and T2 a lesson for hogging the NFL and MLB)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

This wouldn't be a good thing.

It's the same as saying that McDonalds has no right to the Big Mac.

Private Bussiness is private the last thing we need in this time is more branches of government saying what can and can't be done, and guess what this works for these industries since the NFL,EA, or Take 2 haven't asked for a bailout.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'd love to see these exclusive deals get dissolved. Take Two has done an awful job with the MLB license on 360, and I'd love to see "The Show" come to 360. 

Bottom line is that competition creates better products. I'm all for that.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Um, shouldn't the NFL have the right to say who can and can't use their IP?

Re: Supreme Court Case May Impact EA's NFL Exclusive

Wouldn't the NFL teams, players, and logos, fall under IP? IP holders have a right to give exclusive rights to anyone they so choose.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the use of the players, teams and logos for the purpose of a football-themed... thing... is protected by the IP.

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste | Needs a thesaurus. |

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste |

Re: Supreme Court Case May Impact EA's NFL Exclusive

I believe it counts as IP, but EA has exclusive deals with the NFL and the NFLPA (as well as the coaches union I believe); the former for the use of the team logos, stadiums, etc. and the latter to use the names of the players.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the Supreme court Justices are going to make fun of the fact that EA held a monopoly on NFL games Heres the possiblility

John Roberts: We the court has found that American needle has been found in violation of the Sherman and Clayton Acts and therefore we demand that the company should be split up

EA & T2: We're F@**ED, we may have to share the license of MLB and NFL now

END TSG-esce courtroom reenactment

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony"

Hm... I guess they can make a point there. I wonder what statements those are though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I don't think that the EA+NFL or 2K+MLB suit would work out because it's a temporary exclusive. On top of that, I belive for any anti-trust suit to pass through the product being tested must also prove to be necessary for moderen society. The previous anti-trust suits are on the following of two basis. Lack of competition+Need for modern society. With Oil there is an obvious need for that product in modern society, with phones there was a need for it in modern society, and for OS software there is a need for it in modern society. NFL and MLB does not fill this area, so I highly doubt it will go through.

Re: Supreme Court Case May Impact EA's NFL Exclusive

The deal before the courts involves a temporary exclusive, though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm sure there will be a counterclaim though if it doesnt pass.

Re: Supreme Court Case May Impact EA's NFL Exclusive

which means this probebly wont pass.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
NeenekoHeh. PoliSci tends to ruin the news. Kinda like how being a gamer tends to ruin mainstream game stories, any actual knowledge in a field highlights how poorly it is reported.09/30/2014 - 8:30am
MechaTama31Heh. I don't think you need a master's in politics to see that... ;)09/30/2014 - 7:32am
Matthew WilsonTrust me i read the same sites.I have a Master's in Applied Politics. I get to see through the spin both Left and Right that tend to be put on news stories.09/30/2014 - 1:02am
WymorenceI also have an extremely hard time in listening to people who froth at the mouth when the POTUS does something almost identical to the previous POTUS, but for some reason is subhuman for it this time around09/30/2014 - 12:43am
WymorenceThe problem is that opposing views are a good thing, but sites like Brietbart and their ilk are the exact opposite. 9/10 times they tweak the news to benefit their own views instead of just giving their own side of it.09/30/2014 - 12:41am
james_fudgeIf I were in a cult I might try and shut myself away from opposing views...09/29/2014 - 11:48pm
james_fudgeoh and Nate Silver and Politico too.09/29/2014 - 11:48pm
james_fudgeI read a lot of sites every day, Drudge, Breitbart, Huffpo, DailKOS, Red State, Fox, MSNBC, CNN and i'm not infected. Time for people to get thicker skins.09/29/2014 - 11:46pm
james_fudgeNeo_DrKefka: you do know you visited "one of those sites" when you posted that article, right?09/29/2014 - 11:44pm
E. Zachary KnightOcarina of Time done up in the Link to the Past engine? You know I would buy this day one if it were official. http://kotaku.com/fans-are-remaking-ocarina-of-time-in-2d-164059481909/29/2014 - 11:14pm
MaskedPixelantehttps://twitter.com/raymond03155046/status/516735796754522113 "We're fundraising for the group who helped our pets out in their time of need." "lol ur just doing this for the money get over your cat."09/29/2014 - 9:26pm
MechaTama31https://www.humblebundle.com/store/p/dontmove_storefront <-- This looks like it might be the most incredible dollar I'll ever spend.09/29/2014 - 9:12pm
Matthew WilsonI agree. the same for MSNBC as well. both of them can go away, but like it or not its a free market and fox news make allot of money sadly.09/29/2014 - 7:46pm
quiknkoldI'm an independent voter. Vote Blue and Red. so I dont really visit any specific news sites(Though I know FoxNews can take a flying leap off a bridge)09/29/2014 - 7:02pm
quiknkoldFactcheck.org. there you go. neither left or right. straight down the center.09/29/2014 - 7:01pm
Craig R.When a website's tinfoil isn't enough, add your own!09/29/2014 - 6:32pm
Andrew EisenWe used to have a reader who constantly posted DailyKOS articles in the Shout box. I was amazed, not so much by the amazing and horrifically disingenuous spin the site put on these articles, but that our reader would add his own spin on top of it!09/29/2014 - 6:05pm
E. Zachary KnightYou do realize that DailyKOS is the Brietbart of the left wing agenda, right?09/29/2014 - 6:01pm
quiknkoldproblem with Breibart is, despite I totally agreeing with Nero's articles.....its freaking Breibart. Its not the best place int he world when it comes to trust. if DailyKos or think progress reported it....well...things would be better. but here we are.09/29/2014 - 6:00pm
Neo_DrKefkaAt this point I need to stop visiting certain sites. At least now I have a list of people and where they work where I need to avoid http://www.breitbart.com/Breitbart-London/2014/09/21/GameJournoPros-we-reveal-every-journalist-on-the-list09/29/2014 - 5:56pm
 

Be Heard - Contact Your Politician