Court Decides Against Strip Club in Trademark Infringement Claim

SAN FRANCISCO — The First Amendment protects the maker of "Grant Theft Auto" video game from a trademark infringement claim brought by a Los Angeles strip club, the 9th U.S. Circuit Court of Appeals decided.

Grand Theft Auto, a popular game known for its realistic depiction of urban settings, is made by Rockstar Games Inc., a subsidiary of Take-Two Interactive Software Inc. E.S.S. Entertainment 2000 Inc., the owner and operator of Play Pen strip club near downtown Los Angeles, sued the company over the club’s likeness appearing in "Grand Theft Auto: San Andreas."

Following a summary judgment denial of its lawsuit in U.S. District Court in Pasadena, Rockstar turned to 9th Circuit, which affirmed the decision on Nov. 5. The court ruled that Rockstar’s modification of the strip club’s trademark was not “explicitly misleading” and therefore protected by the First Amendment.

ESS’ claim centered on a fictitious strip club in the video game called the Pig Pen. Besides the name, few similarities existed between the Play Pen and the Pig Pen, although Grand Theft Auto’s designers visited Los Angeles from Scotland to capture the area’s feel.

ESS unsuccessfully argued Rockstar used Play Pen’s distinctive logo and trade dress without its authorization that created a likelihood of confusion among consumers.

In its published opinion, 9th Circuit’s Judge O’Scannlain explained the decision in painstakingly detailed, opinionated language:

“Both San Andreas and the Play Pen offer a form of lowbrow entertainment,” O’Scannlain wrote. “Besides this general similarity, they have nothing in common. The San Andreas game is not complementary to the Play Pen; video games and strip clubs do not go together like a horse or carriage or, perish the thought, love and marriage.

In rebutting ESS’ argument that "Grand Theft Auto" players are free to ignore the storyline and spend time in the virtual Pig Pen as much as they’d like, the judge drew another comparison.

“Fans can spend all nine innings of a baseball game at the hot dog stand; that hardly makes Dodger Stadium a butcher’s shop,” O’Scannlain wrote.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

New Federal Report Slams Debanking but Ignores Adult Industry

The Office of the Comptroller of the Currency (OCC) on Wednesday released a report on debanking activities at nine large national banks, but omitted any mention of the adult industry, despite previously identifying it as a sector facing banking discrimination.

EU Court Rejects Stripchat Challenge of Past VLOP Designation

The EU’s General Court on Wednesday ruled against Stripchat in a lawsuit seeking to annul a 2023 European Commission decision designating the site as a “very large online platform” (VLOP) under the Digital Services Act (DSA).

Aylo Case Against Utah VPN Rule on Hold Pending Legislative Changes

A federal court has paused Aylo’s suit over a Utah law making adult websites liable if minors bypass age verification by circumventing geolocation efforts, until the state legislature can meets to potentially amend the statute.

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

Show More