A U.S. federal court has dismissed claims by Play Pen strip club owner, ESS, that GTA: San Adreas' satirical depiction of the club infringes on their copyright.
On April 22, 2005, ESS filed a trademark violation action in district court against Rockstar, accusing them of "trade dress infringement" as well as four unfair competition charges according to four different laws. The heart of ESS's complaint is that "Rockstar has used Play Pen's distinctive logo and trade dress without its authorization and has created a likelihood of confusion among consumers as to whether ESS has endorsed, or is associated with, the video depiction".
The federal court acquitted Rockstar of all charges. "That neighborhood [East Los Angeles], with all that characterizes it, is relevant to Rockstar's artistic goal, which is to develop a cartoon-style parody of East Los Angeles," judge Diarmuid F. O'Scannlain explained in the text of his ruling. "Possibly the only way, and certainly a reasonable way, to do that is to recreate a critical mass of the businesses and buildings that constitute it."
The judge also asserted that it is unreasonable to expect that the buying public to confuse GTA: San Andreas with the Play Pen strip club. "The San Andreas Game is not complementary to the Play Pen; video games and strip clubs do not go together like a horse and carriage or, perish the thought, love and marriage. Nothing indicates that the buying public would reasonably have believed that ESS produced the video game or, for that matter, that Rockstar operated a strip club."
The ruling's text was concluded by the witty and sarcastic comment: "Undeterred, ESS also argues that, because players are free to ignore the storyline and spend as much time as they want at the Pig Pen, the Pig Pen can be considered a significant part of the Game, leading to confusion. But fans can spend all nine innings of a baseball game at the hot dog stand; that hardly makes Dodger Stadium a butcher's shop."
