Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Noriega sues over use of his image in “Black Ops II” video game, (Jul 18, 2014)

By Cheryl Beise, J.D.

Imprisoned former Panamanian military ruler Manual Noriega has filed suit against Activision for misappropriating his image and likeness in the “Call of Duty: Black Ops II” video game. The complaint in Noriega v. Activision Blizzard, Inc., was filed July 15, 2014 in Los Angeles County superior court.

Noriega served as the military dictator of Panama from 1983 until he was ousted by the United States in 1989. Noriega served 15 years in federal prison for drug trafficking, racketeering, and money laundering. In 2007, Noriega was extradited to France, where he was imprisoned until his extradition in 2011 to Panama, where the 80-year old is currently incarcerated for crimes committed during his rule.

The complaint alleges that defendants Activision Blizzard and its Treyarch subsidiary have blatantly misused, unlawfully exploited, and misappropriated Noriega’s image and likeness without his consent in an effort to increase revenues and royalties. Noriega asserts that Black Ops II falsely portrays him as “a kidnapper, murderer and enemy of the state.” Noriega is visually recognizable and identified by name throughout the Black Ops II game, according to the complaint.

The complaint asserts claims for violation of Noriega’s publicity rights under California common law and California Civil Code § 3344, unjust enrichment, and unfair and deceptive business practices under California Business and Professions Code §17200.

The complaint seeks injunctive relief, compensatory damages, disgorgement of Activision’s profits, and punitive damages for the defendants’ malicious, fraudulent, and oppressive conduct intended to injure Noriega.

The case is No. BC 551747.

Attorneys: Thomas V. Girardi (Girardi & Keese) for Manuel Noriega

Companies: Activision Blizzard, Inc.; Treyarch

News: Advertising CaliforniaNews