After Lindsay Lohan tried suing Rockstar over using her likeness (and failed to prove much of anything, thus having the case dismissed), there haven't been many allegations of stolen likeness thrown around. However, we are still pretty fresh into the new year and there's plenty of time for something to pop up – like maybe a lawsuit against another mega-game publisher/developer.
Unfortunately for Microsoft and Epic Games, they've been hit with a lawsuit from the former NFL player and wrestler Lenwood Hamilton who has claimed that the developers of Gears of War used his likeness without permission for Augustus Cole AKA 'Cole Train.'
According to the report, Hamilton claimed that a "forensic voice examiner" he hired discovered that his voice is nearly indistinguishable from Cole Train's voice. Additionally, Hamilton claimed that Cole Train's derby hat, wristbands, and gold tooth are based on him as well.
If you're unfamiliar with Cole Train, you can find him at his best below:
Here is a line from Hamilton's lawsuit, as per GI.biz:
"The similarities of the avatar 'Cole Train' and Hard Rock Hamilton [Hamilton's wrestler name] include that both are black (and 'Cole Train' is the only black avatar in the Gears of War series), they both played professional football (although in Gears of War the game is called 'thrashball'), Cole Train's number is 83 (same year that Hamilton played for the Philidelphia Eagles – 1983), the derby hat, wristbands, a front gold tooth, and a striking resemblance of both physiognomy and body build."
It was further detailed that Hamilton is seeking compensation for his likeness being used – but no amount was specified.
[GI.biz]
