August 17, 2006
These days, Rockstar Games and parent company Take-Two Interactive seem to get more court time that the average NBA team.Gamasutra is reporting that E.S.S. Entertainment, owners of the Play Pen, a Los Angeles "gentleman's club," filed suit against Rockstar in April 2005 for trademark infringement over the inclusion of a strip bar in Grand Theft Auto: San Andreas called the Pig Pen.
At issue was the Pig Pen's similar awning and logo (both pictured) which, like those of the Play Pen, feature the nude silhouette of a female dancer in the stem of the first letter "P". Additionally, the GTA Pig Pen's exterior displayed the words "Totally Nude," a phrase also used by the real-world Play Pen.
AE: Maybe things are different up in L.A. but down here in San Diego, all the strip clubs feature the words "Totally Nude" somewhere on their signs. I only know this because I, um... can see them from the freeway.
Displaying a clear grasp on the concept of parody, Judge Margaret Morrow said in her ruling, "Any visual work that seeks to offer an artistic commentary on a particular subject must use identifiable features of that subject so that the commentary will be understood and appreciated by the consumer."
"The court finds that defendants' use of the Play Pen trade dress and trademark bears some artistic relevance to the Game, and does not explicitly mislead consumers as to the source or content of the Game... they are entitled... to a First Amendment defense."
AE: Kudos to Rockstar for their successful defense but it is pretty sad that an adult entertainment club is afraid to be mistakenly associated with an adult entertainment product. Or perhaps they were just being opportunistic and greedy.
Thanks to Spong for the comparison pics.
-Reporting from San Diego, GP Correspondent Andrew Eisen
