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

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More