Take Two Interactive vs. Pinkerton lawsuit

Take Two Interactive is in another lawsuit. This time it’s not about dances, but over the portrayal of fictional Pinkertons in Red Dead Redemption 2. The Defendants, Pinkerton Consulting & Investigations Inc. and Pinkerton Service Corporation, argue trademark infringement Take Two for using their name and mark in Red Dead Redemption 2. Pinkterton says that Take Two should pay royalties.

Take Two says that The Pinkerton Detective Agency have been used in various fictionalized stories about the Wild West, mentioning The Long Riders (film), Deadwood (television show), and The Pinkerton Detective Series (books). Take Two also says that they have a First Amendment right to expression, saying,

“The Pinkerton National Detective Agency is part of the history of America. Creative works about the American West are permitted as a matter of law to include such real historical events, figures, and businesses. Particularly where there is no likelihood that consumers will be confused about the source of the creative work…”

Declaratory Judgment Action by Take Two: https://www.scribd.com/document/397458834/Take-Two-Interactive-vs-Pinkerton?campaign=SkimbitLtd&ad_group=66960X1514734Xf9810c59bbbf8bb93b70463ea1c00175&keyword=660149026&source=hp_affiliate&medium=affiliate

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