Grand Theft; No
Nov. 12 2008, Published 2:07 p.m. ET
Grand Theft Auto: 1, The Play Pen: 0.
That's the legal score, as a Los Angeles Judge Diarmuid F. O'Scannlain declared the mega-popular Rock Star Games video game does not infringe the rights of the strip club.
ESS Entertainment 2000, owners of The Play Pen, had sued claiming that the The Pig Pen in the game's fictional city of Los Santos was too close to their club.
The Judge decided that the public was not likely to confuse the two, which is a key for deciding trademark cases.
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"Nothing indicates that the buying public would have reasonably believed that ESS produced the video game or, for that matter, that Rockstar operated a strip club," O'Scannlain opined.