Comments on: What do Strip Clubs, GTA, Trademarks & the First Amendment have in Common? http://www.lawsofplay.com/articles/what-do-virtual-strip-clubs-grand-theft-auto-trademarks-and-the-first-amendment-have-in-common/ Your Source for Video Game Law Sun, 22 Jan 2012 01:52:12 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: GTAStud http://www.lawsofplay.com/articles/what-do-virtual-strip-clubs-grand-theft-auto-trademarks-and-the-first-amendment-have-in-common/comment-page-1/#comment-200 GTAStud Thu, 20 Nov 2008 18:31:58 +0000 http://www.lawsofplay.com/?p=284#comment-200 The strip club should have taken advantage of the similarities. Go to the strip bar featured in GTA4! I'm sure that would have attracted some people. At the very worse, it couldn't hurt business. It's free publicity! The strip club should have taken advantage of the similarities. Go to the strip bar featured in GTA4! I’m sure that would have attracted some people. At the very worse, it couldn’t hurt business. It’s free publicity!

]]> By: LawsOfPlay http://www.lawsofplay.com/articles/what-do-virtual-strip-clubs-grand-theft-auto-trademarks-and-the-first-amendment-have-in-common/comment-page-1/#comment-199 LawsOfPlay Thu, 20 Nov 2008 00:42:02 +0000 http://www.lawsofplay.com/?p=284#comment-199 @ale Was there actual graffiti reproduced in GTA: San Andreas? I've never played the game, but I find that pretty interesting. @ale

Was there actual graffiti reproduced in GTA: San Andreas? I’ve never played the game, but I find that pretty interesting.

]]> By: ale [fatbombers] http://www.lawsofplay.com/articles/what-do-virtual-strip-clubs-grand-theft-auto-trademarks-and-the-first-amendment-have-in-common/comment-page-1/#comment-198 ale [fatbombers] Wed, 19 Nov 2008 13:21:23 +0000 http://www.lawsofplay.com/?p=284#comment-198 it would be interesting to see if GTA's creators paid the due royalties for the graffiti in the game. In my opinion, even the ugliest graffiti is protected by copyright. don't you think so? it would be interesting to see if GTA’s creators paid the due royalties for the graffiti in the game. In my opinion, even the ugliest graffiti is protected by copyright. don’t you think so?

]]> By: trademark http://www.lawsofplay.com/articles/what-do-virtual-strip-clubs-grand-theft-auto-trademarks-and-the-first-amendment-have-in-common/comment-page-1/#comment-197 trademark Tue, 18 Nov 2008 20:59:03 +0000 http://www.lawsofplay.com/?p=284#comment-197 I agree with the outcome of the case as well. Even assuming that the two names are confusingly similar (PLAY PEN vs. PIG PEN), the video game maker is not in the strip club business, nor anywhere near it! It's well-known that trademark rights adhere only within the trademark holder's industry and for similar types of goods/services. The only exception is for famous trademarks, but it's clear that "PLAY PEN" is not a famous trademark. And even if it were, I'm thinking the first amendment concerns would still trump trademark law. I agree with the outcome of the case as well. Even assuming that the two names are confusingly similar (PLAY PEN vs. PIG PEN), the video game maker is not in the strip club business, nor anywhere near it! It’s well-known that trademark rights adhere only within the trademark holder’s industry and for similar types of goods/services. The only exception is for famous trademarks, but it’s clear that “PLAY PEN” is not a famous trademark. And even if it were, I’m thinking the first amendment concerns would still trump trademark law.

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