Take-Two Sues After 'Red Dead' Threatened With TM Suit

Law360 (January 14, 2019, 11:53 AM EST) -- Video game giant Take-Two Interactive Software Inc. filed a preemptive lawsuit Friday after being threatened with trademark litigation for including "Pinkerton" detectives in its recently launched Wild West game "Red Dead Redemption 2."

The developer said Pinkerton Consulting & Investigations Inc. — the current iteration of the famous 19th-century private security company — sent a cease-and-desist in December, threatening to sue for trademark infringement.

Those threats, Take-Two said, "ignore well-established First Amendment principles that protect expressive works, like 'Red Dead 2,' from exactly the types of claims that defendants have lodged against plaintiffs."

"Put simply, defendants cannot use trademark law to...

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