Much has already been written about the Ninth Circuit’s decision in E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., Case No. 06-56237 (9th Cir. Nov. 5, 2008) finding that the First Amendment protected the makers of the video game Grand Theft Auto from trademark infringement claims brought by the owner of the Los Angeles strip club “Play Pen” over a depiction of a fictional strip club named “Pig Pen” in the video game.
Rather than do my own write-up , I’m opting to provide links to authors who have already written eloquently about the decision: