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

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More