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Society & Culture
Virtual Legality Episode 15

Red Dead Redemption 2 vs The Pinkertons: A Legal Deep Dive

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2y Jan 16, 2019
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A real life conflict between bandits and the law! Pinkerton Consulting & Investigations has asked for a lump sum from Rockstar Games in connection with the use of their name in Red Dead Redemption 2. Rockstar (through parent Take Two Interactive) has sued to ask the court to throw out their request.

Is this just a simple case of folks looking to steal a piece of Red Dead's massive success?

Or does Rockstar's fictionalization of virtually everything except the Pinkerton name give the centuries' old detective agency a legal leg to stand on?

Join us in Virtual Legality as we dive into the legal details of Rockstar's lawsuit, the Lanham Act, 1950s television and so much more!

#RDR2 #Pinkertons #VirtualLegality


Discussed in this episode:

"The real Pinkertons aren't happy with 'Red Dead Redemption 2"
Engadget, January 15, 2019
(https://www.engadget.com/2019/01/15/pinkerton-legal-fight-over-red-dead-redemption-2/)

Take Two Interactive vs. The Pinkertons
US District Court Filing (SDNY), January 11, 2019
(https://www.scribd.com/document/397458834/Take-Two-Interactive-vs-Pinkerton?campaign=SkimbitLtd&ad_group=66960X1514734X807bfeeee66a78a4e189c932928dbffc&keyword=660149026&source=hp_affiliate&medium=affiliate)

"Nominative Use"
Wikipedia
(https://en.wikipedia.org/wiki/Nominative_use)

"Guns of Red Dead Redemption 2"
Range 365, November 9, 2018
(https://www.range365.com/guns-red-dead-redemption-2)

"Wapiti Indians"
Red Dead Wiki
(http://reddead.wikia.com/wiki/Wapiti_Indians)

First Amendment to the US Constitution
(https://www.law.cornell.edu/constitution/first_amendment)

Trademark (Lanham) Act
15 USC 1125
(https://www.law.cornell.edu/uscode/text/15/1125)

Trademark (Lanham) Act
15 USC 1115
(https://www.law.cornell.edu/uscode/text/15/1115)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Biweekly on "Inside the Huddle with Michael Spath" on WTKA 1050

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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