Davis man says EA used his likeness in video game

By Kyla Asbury | Dec 20, 2010

CHARLESTON -- A Davis man is suing Electronic Arts after he claims the company used his likeness in a video game.

Erik Curran is a soldier in the West Virginia Army National Guard.

In October 2010, Electronic Arts began selling a video game titled "Medal of Honor," which displays Curran's image on the box, disk and as a playable character in the game, according to a complaint filed Dec. 13 in Kanawha Circuit Court.

Curran claims Electronic Arts used his image to market the video game prior to the release of the game.

Electronic Arts' "misappropriation of Mr. Curran's likeness, image and photograph without Mr. Curran's consent for the promotion of the subject was done by EA for EA's intended financial gain," according to the suit.

Marvin W. Masters, one of Curran's attorneys, said Curran's image has been used a number of times in different things about the military.

"This is just the most recent time his image has been used," Masters said. "Previously, it was used on the cover of a book about the military."

Masters said Curran is still active in the military.

Curran previously sued Amazon.com, St. Martin's Press, Cafepress.com, Getty Images, Sideshow and Hot Toys in Kanawha Circuit Court in 2007 for using his image without his permission in a novel called "Killer Elite."

"Killer Elite" was published by St. Martin's Press. The cover of the book displayed a photograph of Curran that was provided by Getty Images. The book was sold on Amazon.com.

Curran claimed he discovered his photograph was being used as the model for an action figure, "Naval Special Warfare Development Group 'Devgru' version 2.0," which was being sold by Hot Toys.

Cafepress.com also sold a T-shirt which had an image, likeness and photography of Curran printed on them, which was done without his consent, according to the previous suit.

Curran is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Masters and Charles M. Love IV.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-2225

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