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 © 2024 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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

Creator stats and affiliate marketing platform FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More