Trademark Law

First Amendment Protects Grand Theft Auto from Strip Club?s Trademark Infringement Lawsuit

By Ryan Gile

Much has already been written about the Ninth Circuit?s decision in E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., Case No. 06-56237 (9th Cir. Nov. 5, 2008) finding that the First Amendment protected the makers of the video game Grand Theft Auto from trademark infringement claims brought by the owner of the Los Angeles strip club ?Play Pen? over a depiction of a fictional strip club named ?Pig Pen? in the video game.

Rather than do my own write-up , I?m opting to provide links to authors who have already written eloquently about the decision:

• Summaries by Filewrapper and Seattle Trademark Lawyer.

• Commentary by Eric Goldman and Rebecca Tushnet.

• News articles by Findlaw and The Register.

• Link to the district court?s decision (here) and commentary at Gamasutra.

Full post as published by Las Vegas Trademark Attorney on November 11, 2008 (boomark / email).