Gears of War creators sued by former NFL player who claims Cole Train character is based on him

midian182

Posts: 7,293   +65
Staff member

Augustus Cole, aka the Cole Train (baby, WOO!), is one of Gears of War’s most memorable personalities. But a lawsuit launched against the game’s developer and publisher by former Philadelphia Eagles football player Lenwood Hamilton claims the character uses his likeness without permission.

The lawsuit, first reported by TMZ and since confirmed by GI.biz, names Epic Games, Microsoft, and Cole voice actor Lester Speight. It alleges that Hamilton spoke to Speight during their time together at Soul City Wrestling about creating a video game character similar to the former NFL player.

The lawsuit says a “forensic voice examiner” hired by Hamilton found that his voice and Cole Train’s matched “to a reasonable degree of scientific certainty.” Hamilton also claims the GoW character’s wrist bands, derby hat, and gold front tooth are based on him.

"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," reads the lawsuit.

While no specific figure has been given, Hamilton is suing “for sales and profits.” That could amount to a pretty hefty sum, given that the games have made over $1 billion in the near eleven years since the franchise’s first entry.

This sort of thing isn’t without precedent. Actress Lindsay Lohan sued Rockstar parent company Take-Two interactive over claims that GTA V character Lacey Jonas used her likeness without permission. A New York state appeals court dismissed the case last September.

Permalink to story.

 

Alex Voinica

Posts: 99   +85
Oh my ! I am bald ! I will sue Square Enix because I look just like Agent 47 !
What is wrong with you people ? Their popularity will increase on the Internet for like 2 days and afterwards everyone will forget about it - will just remember like - " there was that one time when an ***** sued a company because he though he looked similar with a video game character - what was his name again ? " .
 

MalcolmX

Posts: 15   +5
If that's the case, any Black male who's 6'5, 350 pounds and built like a "train" should be able to sue.

I should sue.

Stop being so ignorant! If he brought an professional into this matter, and has clear evidence that character is based off him, he has the right to sue. He claims he spoked with them. So, don't act like game developers doesn't commit these acts
 

RebelFlag

Posts: 173   +102
If that's the case, any Black male who's 6'5, 350 pounds and built like a "train" should be able to sue.

I should sue.

Stop being so ignorant! If he brought an professional into this matter, and has clear evidence that character is based off him, he has the right to sue. He claims he spoked with them. So, don't act like game developers doesn't commit these acts
Perhaps before calling another person "ignorant" you should work on your spelling and grammar. Poor grammar and spelling are a big clue that one is ignorant. Just saying.
 

MalcolmX

Posts: 15   +5
The optomine word here is "Former" NFL player ..... he obviously was not successful in his career or in investing his money and looking for the quick buck.

You're ignorant too! Omg just because he's an "Former Professional Football Player" does NOT mean he wasn't successful.. he states ! They already talked! Apparently they didn't come to an agreement. Therefore the developer basically said "**** it" let's do it. You would do the exact same thing.
 

Skidmarksdeluxe

Posts: 8,645   +3,289
Once the lawsuit has been hurled out of court because of unrelated coincidences, coupled with the probability this guy is almost broke hence the lawsuit they may as well try sue Lewis Hamilton for having a similar sounding name, maybe they'll have better luck with that but I wouldn't count on it.
 
D

davislane1

No idea who this guy is. Can't even pull the info up on Google. This lawsuit will probably go nowhere.

If that's the case, any Black male who's 6'5, 350 pounds and built like a "train" should be able to sue.

I should sue.

Stop being so ignorant! If he brought an professional into this matter, and has clear evidence that character is based off him, he has the right to sue. He claims he spoked with them. So, don't act like game developers doesn't commit these acts
Perhaps before calling another person "ignorant" you should work on your spelling and grammar. Poor grammar and spelling are a big clue that one is ignorant. Just saying.

Pointing out someone's spelling and grammar is a big clue the person doing the pointing has no argument.
 

Trillionsin

Posts: 1,882   +467
No idea who this guy is. Can't even pull the info up on Google. This lawsuit will probably go nowhere.

If that's the case, any Black male who's 6'5, 350 pounds and built like a "train" should be able to sue.

I should sue.

Stop being so ignorant! If he brought an professional into this matter, and has clear evidence that character is based off him, he has the right to sue. He claims he spoked with them. So, don't act like game developers doesn't commit these acts
Perhaps before calling another person "ignorant" you should work on your spelling and grammar. Poor grammar and spelling are a big clue that one is ignorant. Just saying.

Pointing out someone's spelling and grammar is a big clue the person doing the pointing has no argument.

This is true when it's the two parties arguing, but when its a 3rd party outside of the argument... you can just take that as critical criticism. I specifically hate the use of "an" when it's not required... but that's just me. lol Otherwise, I understand what the man is saying, and it doesnt seem to me that english is his first language. If this is true, then he will he understanding. If english IS his first language, then I stand behind what the 3rd party said. lol

Edit: I even noticed a punctuation error in the 3rd parties criticism. THAT'S even worse. I won't admit to having good grammar, and sometimes I even need help saying what I'm trying to say, as CaptainCranky helped out in another comment I made, but when I notice... lol

Edit2: Actually I notice two, how embarrassing for that guy. When you criticize someones grammar, you should make sure yours is 100%. I will admit that mine is not, but since we were on topic. (One of the two that I notice may be a comma that may or may not be required, the other IS grammar.)
 
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MalcolmX

Posts: 15   +5
This is true when it's the two parties arguing, but when its a 3rd party outside of the argument... you can just take that as critical criticism. I specifically hate the use of "an" when it's not required... but that's just me. lol Otherwise, I understand what the man is saying, and it doesnt seem to me that english is his first language. If this is true, then he will he understanding. If english IS his first language, then I stand behind what the 3rd party said. lol

Edit: I even noticed a punctuation error in the 3rd parties criticism. THAT'S even worse. I won't admit to having good grammar, and sometimes I even need help saying what I'm trying to say, as CaptainCranky helped out in another comment I made, but when I notice... lol

Edit2: Actually I notice two, how embarrassing for that guy. When you criticize someones grammar, you should make sure yours is 100%. I will admit that mine is not, but since we were on topic. (One of the two that I notice may be a comma that may or may not be required, the other IS grammar.)

Well said lad!
 
D

davislane1

This is true when it's the two parties arguing, but when its a 3rd party outside of the argument... you can just take that as critical criticism. I specifically hate the use of "an" when it's not required... but that's just me. lol Otherwise, I understand what the man is saying, and it doesnt seem to me that english is his first language. If this is true, then he will he understanding. If english IS his first language, then I stand behind what the 3rd party said. lol

The point is that correcting someone's spelling and grammar, irrespective of their primary language, adds nothing of value to the conversation. For example: Imagine someone builds a house. Everything does what it's supposed to do. It's sturdy, the roof doesn't leak, and it's got fantastic wiring. Then, someone comes along and points out that he used a phillips screw to fasten a beam where he really should have used a flathead, because that's "the proper way to do it."

That s*** is annoying.

Edit: I even noticed a punctuation error in the 3rd parties criticism. THAT'S even worse.


A grammar cop will always fall on his own sword. Never fails.
 

ForgottenLegion

Posts: 456   +450
Apparently they didn't come to an agreement. Therefore the developer basically said "**** it" let's do it. You would do the exact same thing.

11 years later...
I'm surprised he didn't claim that his friends and family always referred to him as 'The Train' after his first word was 'WOOOOH!'

This is an obvious desperate attempt to get some money out of Epic/Microsoft. I hope it falls flat of its face like the Lohan case.