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Trademark Law
: Las Vegas Trademark AttorneyFirst 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.
Full post as published by Las Vegas Trademark Attorney on November 11, 2008 (boomark / email).
Ninth Circuit: Trademark claim over use in video game stripped away by First Amendment
In a decision Wednesday, the Ninth Circuit affirmed a district court's grant of summary judgment that the producer of Grand Theft Auto: San Andreas had a First Amendment defense against a claim of trademark infringement...
E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc. (9th Cir. - Nov. 5, 2008)
I've read a lot -- and I mean, a lot -- of opinions by Judge O'Scannlain. And I've seen a lot of good ones.But this one, in my view, is the most well-written of any of his opinions over past fifteen or so years...
Ninth Circuit rejects Los Angeles-based strip club's trademark infringement claim against the producer of a video game in the "Grand Theft Auto" series
Ninth Circuit rejects Los Angeles-based strip club's trademark infringement claim against the producer of a video game in the "Grand Theft Auto" series: You can access today's often humorous ruling of the U...
Interesting New Trademark / First Amendment Case from the Ninth Circuit:
E.S.S. Entertainment 2000 v. Rock Star Videos, which rejects a strip club's trademark claim based on the adaptation of its logo inside the Grand Theft Auto: San Andreas video game....
First Amendment Protects Grand Theft Auto Against Trademark Infringement
The First Amendment protects the makers of the Grand Theft Auto: San Andreas video game against claims of trademark infringement, the Ninth Circuit found Nov. 5. In E.S.S. Entertainment 2000, Inc...
Colorado: Grand Junction strip club will be strip club, booze or no booze, owner says
The Grand Junction Free Press: “If the city of Grand Junction prohibits a gentleman?s club in north Grand Junction from serving alcohol, the owner said he?ll follow state law and allow women to dance fully nude and invite patrons 18 and older to watch ...
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