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Rockstar hurdles another legal obstacle

Posted Aug 3, 2006 at 5:06AM EST by QJ Staff

Listed in: News Tags: Hot Coffee mod, Los Angeles, Rockstar, Rockstar Games, Trademark
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The Pig Pen


Like what our Gramps used to say, "When you're way up, there's nowhere to go but down; and those below have a knack for aiming at those who are on top." Such is the case with Rockstar. After achieving unprecedented success with its Grand Theft Auto franchise, it has been receiving blows from all directions in the form of lawsuits. It's sometimes hard to imagine how they still find time to develop games with all these distractions.

Well, Rockstar may have just gotten a huge break as a US district judge ruled on their favor regarding the complaint filed by a Los Angeles strip club. The complaint says that Rockstar Games breached copyright by designing a similar-looking virtual strip club for Grand Theft Auto: San Andreas.

April of last year, The Play Pen club owner E.S.S. Entertainment filed a lawsuit against GTA creator Rockstar. The suit accused the said game developers of trademark infringement; a strip club in the game carried the name The Pig Pen and allegedly has a similar logo, awning, and 'Totally nude' advertising slogan.

While Rockstar admitted that their artist produced most of the game scenes inspired with photographs of actual spots on Los Angeles, including the Play Pen, they argued that they "changed the names, building designs and overall look and feel of the locations... To make them fit the virtual, cartoon-style world of San Andreas and the series' irreverent tone." To further cement their defense, Rockstar likened their situation with that of MCA Records who also got the "not guilty" verdict after being accused of the same violation with the song Barbie Girl. They got cleared with the judge saying trademark rights "do not entitle the owner to quash an unauthorised use of the mark by another who is communicating ideas or expressing points of view."

After reviewing all the evidences, Judge Margaret Morrow sided with Rockstar ruling that their "use of the Play Pen trade dress and trademark bears some artistic relevance to the game, and does not explicitly mislead consumers as to the source or content of the game."

That could finally settle the issues surrounding GTA: San Andreas, especially that it came after the ruling by FTC over the Hot Coffee scandal. Well Rockstar may have just weathered a storm but things aren't likely to stay this good for long with the controversy magnet company set to release another game - the alleged violent, school-based Bully,  before the end of the year. Let the stone hurling begin.

Via Game Industry



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Comments 


 
# Over this...Guest 2006-08-03 06:27
Well, in a country like this, people will sue you for stepping on their feet while on the train, in a crowded rush hour crowd, even if you didn't mean to.

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# Rockstar RocksGuest 2006-08-03 06:33
PPl just want to make a quick buck off other ppl that r doing better.

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# heheGuest 2006-08-03 06:33
Anyways I thought the title was a little misleading, like i thought it meant rockstar was losing a case or something. Anyways good news that rockstar is winning because I like a lot of there games. Even if the GTA series is getting a bit old, an each one is pretty much the same, I still buy the newest ones.

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# wtfGuest 2006-08-03 06:41
now im not against the u.s but this pathetic.

i recall lots of london landmarks in the getaway for ps2

do we see the anyone sueing!!

this is proberly a blatant attempt of raking in some cash from the strip club owner.

or proberly because his joint sucks and rockstars vr world makes his club look like s**t. lol

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# how?Guest 2006-08-03 07:01
how does this have anything to do with the psp?

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# asdasdasdGuest 2006-08-03 07:01
sueing should be illegal unless its for reason of getting hurt wetfloor sign style lol

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# CommentGuest 2006-08-03 07:02
Anybody ever noticed that its always rockstar that does the bad things in the gaming scene. im sure they do it on purpose though for publicity and to sell games.



First the old GTA, there was a problem with it being too violent to cops, etc..



Then San Andreas for the hot coffee mod



And isnt it weird that a GTA game is responsible for the save game handling that provides us with our psp downgrading.

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# @10Guest 2006-08-03 07:17
i really dont think rockstar would be after so much publicity. usually stuff like this gives a bad rep to the company, so it doesnt seem like they would want it. what i think it is, is that because of the nature of the gta series, they have to make it look like a somewhat familiar city to the player (even if only a little bit) so that the game will sell. and i agree with the other posts that a lot of these other companies are suing just to see if they can get some quick money. with a series so popular as this one, it comes to no surprise really. as for the gta save game thing, that could have just been a bug that nobody noticed while the game was a w.i.p. stuff like that happens all the time. heck, you saw it with psp 1.5 FW and 2.0 FW (hint: sony didnt know about the bugs until the hackers found it)

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# @ uGuest 2006-08-03 07:35
im a big time mofieoso I am going to sue rockstar for maken there game mob leader look like my good father!





how far will this ***** go...

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# noneGuest 2006-08-03 07:36
im pretty sick of seeing rock* being everyones wipping boy these days. there are so many games in general right now that do things that push the boundries further than GTA and they dont get any shi* for it at all. i remember rockstar saying that they would never put kids or animals in there games and look at Prey, half of the fu*ked up things that happen in that game deal with kids dieing n *****. i know there are better examples out there that i cant think of right now, but you get the idea. it just pisses me off that my favorite game company is constantly being held to some standard that others can just ignore, seemingly, without any problems

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# *****ing lazy ass bums! go do some damn work for your damn money! stop beign sue-happy *****es!RaiderX 2006-08-03 08:08
DAMN! I hate people these days! I mean REALLY:



"a SIMILAR-LOOKING virtual strip club"





LG should sue samsung for mamking a similar-looking TV and phone.



imation should sue fujifilm for making similar-looking CD-Rs.



Nintendo should sue microsoft for putting A, B, X, and Y buttons on their game controllers cuz they are similar-looking.





Im so glad R* won this one.

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# @16Guest 2006-08-03 08:21
@16 I sooo noticed that like a few months ago about the nintendo controllers and xbox , same colors to just different order and switched colors....

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# OMGanonymous stranger 2006-08-03 08:22
Is like that country start Cledus T Judd... he uses someone's song, change the tone, change the lyric, it still sounds like the old song but is full of funny crap, nobody sued him.... those people sued Rockstar for what? doing something completely legal?



Plus rockstar should'v just said "is suppose to be couincidence" I remember... their disclaimer in the begining of the game saying if anything's similar or same to the real world or real celeb or real whatever, is pure couincidential? right?



also the judge and the jury must be too old to think about " hey all the people out there are jealous of rockstar's success... and just wanna suck their money".



You know what? this world sucks... so many people become unfair out of greed...

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# sighGuest 2006-08-03 08:51
why do people sue people for no reason? and dont say because its america

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# Well...Al2x 2006-08-03 09:52
...After all, this is America, and anyone will do anything for a measly buck.

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# devils advocatecomedy 2006-08-03 11:45
now, as there have been so many positive comments i wish to try my hand at making you people think:



firstly, rockstar hired MAX CLIFFORD to do their PR (at least for some of their games) and that's not too wise if you're thinking of playing it safe. max clifford's mantra is 'any publicity is good publicity'.



secondly, the hot coffee thing... why did they code that lot into the game? they must have known that if that made it public it would cause trouble.



the fact is rockstar know their games are going to cause controversy, they know that games like manhunt will put people's back up... ok being sued for the 'pig pen' too blatantly ripping off the 'play pen' is a touch unlucky, as many games have totally ripped on other stuff without a word being said... and in that i concede it's simply rockstar's celebrity status which has made it such a target...



personally i do find this stupid trend to sue anyone and anything is creating more problems than it solves... even in the uk, there's all these stupid 'injury lawyers for you' type companie who advertise that they can win any accident claim and get some money for people. it actually got to the extent that the government told them off and said 'look we'll simply pass a law saying you're not allowed to sue for this kind of thing if you keep it up...' so they did tone it down a bit.

i'm glad rockstar got away with it, what does it say for our freedom and our rights to say what we want if such a small thing is punished? people should grow some spines, there has been so much hate and persecution throughout history and now that we're finally getting somewhere (in most cases the divides are shrinking) we don't want to go all 'nanny state'...

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# well putGuest 2006-08-03 12:22
"When you're way up, there's nowhere to go but down; and those below have a knack for aiming at those who are on top." Well put

People even attack the weak, this prove that human are indeed evil. Just what I believe.

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# who caresGuest 2006-08-03 12:32
why does it mater at all.i never new strip clubs cared so much .$-$

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# foolishGuest 2006-08-03 12:33
guns dont kill people - people do!! no wait im confused, video games kill people.



Grow up US

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# Leave Rockstar AloneGuest 2006-08-03 16:44
sowut if they had hot coffee codes that wuz awsome and so wut if they used logos of srip clubs they never had the exact name so who cares its not like every1 that played san nadreas has been 2 that strip club

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# come now, have some brainsGuest 2006-08-03 18:17
Rockstar makes contraversial games.



It's as simple as that. People, don't deny it, all of their games' (aside from Table Tennis) SELLING POINT is the ability to do contraversial things.



There may be twisted things in PREY. There may be messed up things in Silent Hill. But those games have those things for one reason: Because they evoke fear. After all, they ARE in the "horror" genre.



Rockstar, however, allows you to do these things simply because you can. I'd go as far as to say that they include these things because they might grant you PLEASURE in doing such twisted things, and I say that because it's not difficult to get away with a crime like murder in GTA. Kill a person, kill the pursuing cops, let the hubbub die down, repeat. Not at all like real life.



Remaining top not only requires that you have the skill to get there, but also the ability to defend that position. Rockstar had better be prepared for more to come, if they wish to expand in the "contraversial games" category.

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# I thinkGuest 2006-08-03 19:37
The simple reason is becase GTA is freakin popular. Its always a top seller alot of people own the game and rockstar owns this genre becase they started. There are far worst games out there but they aint sellin like gta and are not in that many homes. Gta is even a bigger name becase of the hotcoffe mod making national headlines in the media. And when the media is on you like this there not much they can do.

Reply
 

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