The lawyers just love to sue Rockstar Games (e.g., Aug. 17; Mar. 5; Jul. 27, 2005; Feb. 19, 2005; Dec. 29, 2003); this particularly ludicrous suit alleged that “Grand Theft Auto:San Andreas,” the first part of which takes place in an ersatz parody of Los Angeles, infringed the trademark of a local strip club, “The Play Pen” because the game’s version, “The Pig Pen,” (one of hundreds of locations in the game) had a similar name and also had a parking lot and a round awning. Judge Margaret M. Morrow rebuffed the claim. But it took 100 entries on the docket, numerous depositions of game designers, expert-witness surveys, and a 55-page judicial opinion before this common-sense issue could be resolved in court. Moreover, the PlayPen attorneys say they’ll appeal, subjecting the matter to the random-legal-opinion generation of the Ninth Circuit. (AP, Aug. 8; Trademark Blog; E.S.S. Entertainment 2000 v. Rock Star Videos, CV 05-02966 MMM (C.D. Cal. July 28, 2006)).
In the weird coincidence department, one of the junior defense attorneys in the suit is not only someone who has worked on behalf of the RIAA in their oft-criticized “spamigation” suits against individuals who allegedly illegally download songs, but a co-creator of the lonelygirl15 Internet phenomenon.
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