Trademark Law | Expert Legal Commentary
January 6, 2009
E.S.S. Entm’t 2000 v. Rock Star Videos: First Amendment Trumps Trademark Rights
E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc.
By
Jeffrey J. Zuber of Zuber & Taillieu LLP and D. Dennis La
In E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 547 F.3d 1095 (9th Cir. 2008), the 9th Circuit U.S. Court of Appeals confirmed that when trademark rights clash with the First Amendment, the First Amendment usually wins – at least in cases involving artistic or creative endeavors. The court affirmed the grant of summary judgment in favor of the creators and publishers of the Grand Theft Auto series of video games against the owner of a Los Angeles strip club who claimed that the game infringed on the club’s trademark and trade dress. Specifically, the court applied the Rogers v. Grimaldi two-prong analysis to find that the First Amendment protects the game’s use of the club’s mark in the face of a Lanham Act challenge.
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About the Author
Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/vasiliki