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Dillinger, L.L.C. Seeks Offer They Won?t Refuse

Dillinger, L.L.C., a company that claims to own the rights of publicity and trademark to the names and nicknames of the late Depression Era bandit, John Dillinger, has filed suit against Electronic Arts over its use of the ?Dillinger? name in its ?Godfather? line of video games.

In the suit, Dillinger takes issue with EA?s use of the name ?Dillinger? for several weapon upgrades that were offered in the Godfather and Godfather II video games. The complaint names two examples: the ?Dillinger Level Three Tommy Gun? from the first Godfather game, and the ?Modern Dillinger Level Four Tommy Gun? from the Godfather II game. The complaint refers to the former as a ?swift and gruesome killing machine,? and having played those games, this author can confirm that the guns were indeed swift and gruesome.

Dillinger filed suit in Indiana, and the complaint charges EA with various counts, including alleged violations of Indiana?s Publicity Statute; federal, state and common law trademark law; state unfair competition law; and even includes claims for ?Criminal Mischief,? ?Conversion? and ?Deception? under the Indiana Crime Victims Act. Dillinger seeks monetary damages and injunctive relief, and here?s hoping they resolve this before Valentine?s Day.

The case is Dillinger, L.L.C. v. Electronic Arts, Inc., No. 1:09-cv-1236 (S.D. Ind., filed Oct. 1, 2009), and we?ll keep you posted as we learn more.

Full post as published by Patent Arcade on October 05, 2009 (boomark / email).