Darryl Peterson is Maxx Payne. The wrestler, that is, not the video game hero.
Still, Peterson claims in a lawsuit filed Thursday in U.S. District Court that the central character in "Max Payne" bears a striking similarity to the personality he created 15 years ago and he is entitled to at least $10 million.
According to Peterson's attorney, Blake Atkin, the situation is much like that of Marion Morrison.
Don't know him? That's because he's known to the world as John Wayne, a personality Morrison created and profited handsomely from throughout his life. Though obviously on a much smaller scale, Atkin says his client's case is much like someone trying to use the Duke's image for free.
"You wouldn't use John Wayne's name and think that you can do that without compensating someone," Atkin says.
In this case, Peterson contends he created the "Maxx Payne" persona in 1988 and has used it in the entertainment industry ever since. He used the name and "dark horse" personality in professional wrestling for years and still uses it as an author and musician.
The central character in the video game — billed in advertisements as a fugitive undercover cop with nothing to lose — resembles Peterson's longtime persona, Atkin says.
Atkin says the $10 million figure in the lawsuit may actually be a little low. The original video game, released in 2001, was wildly successful, and a second, scheduled to hit stores in October, is also expected to be a hit.
"Max Payne is a very good game," said Dave Lehwalder, store manager of Software Etc. in the Crossroads Mall. "When it first came out it was a game of the year. It will be around for a long time."
The first game sells for $19.99 at Software Etc., and the sequel is priced at $49.99.
According to Remedy Entertainment's Web site, a defendant in the case, Take-Two Interactive Software paid $10 million cash and nearly another 100,000 in stocks for all intellectual property rights associated with the Max Payne brand — including all trademarks, copyrights, characters and brand extensions such as cinema, television and literary productions.
At least some of those proceeds should go to Peterson, Atkin argues. "If Max Payne has value in the video game market, then he's the one who's entitled to reap the benefits instead of someone who stole it from him."
The case also lists Rockstar Games Inc., Apogee Software Ltd. and Gathering of Developers Inc. as defendants. None of the companies could be reached for comment on the lawsuit.
Peterson did some voice-over work for the defendants on the 1998 game "Rogue Trip," and officials at that time knew of his Maxx Payne persona, Atkin said. He has been trying to negotiate with the companies for some time, but Atkin says they have refused to acknowledge his interests.
While one may argue the association between Peterson's character and the successful video game empire may propel Peterson to additional success, Atkin says it may also take Peterson to places he doesn't want to go.
"If it's left unanswered, it may tend to eclipse the things that he wants to accomplish with that persona," Atkin said. "As the creator, he's entitled to control the direction it goes."
Peterson's Maxx Payne is registered with the U.S. Copyright Office and the Screen Actors Guild, and the video game's Max Payne is registered with the U.S. Patent and Trademark Office. But, according to the lawsuit, the trademark application falsely maintained that the name did not identify a living individual.
E-mail: awelling@desnews.com