United States Ninth Circuit

In an action brought by the operator of a strip club in Los Angeles against the producer of a video game in the "Grand Theft Auto" series claiming, inter alia, that the game's depiction of a strip club called the "Pig Pen" infringed its trademark and trade dress associated with the "Play Pen", summary judgment for defendant-game producer is affirmed where: 1) modification of plaintiff's trademark was not explicitly misleading and was thus protected by the First Amendment; and 2) the First Amendment defense applies equally to plaintiff's state law claims as to its Lanham Act claim.

Appellate Information

• Argued 03/05/2008
• Decided 11/05/2008
• Published 11/05/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  JOHN R. GIBSON, Senior Circuit Judge, DIARMUID F. O'SCANNLAIN and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert F. Helfing, Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA, for the plaintiff-appellant;  David A. Schinder, Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA, and Ernest J. Franceschi, Attorney, Los Angeles, CA, were on the briefs.


• For Appellees:
  
• Russell Frackman, Mitchell Silberberg & Knupp LLP, Los Angeles, CA, for the defendants-appellees;  Karin G. Pagnanelli and Eric J. German were on the brief.