From our private database of 14,100+ case briefs...
E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc.
United States Court of Appeals for the Ninth Circuit
547 F.3d 1095 (2008)
Rock Star Videos, Inc. (Rock Star) (defendant) produced the Grand Theft Auto video games. In these video games, Rock Star depicted the streets and businesses of Los Angeles but changed their names. E.S.S. Entertainment 2000, Inc. (ESS) (plaintiff) operated a strip club called the Play Pen Gentlemen’s Club. Rock Star had included a strip club called the Pig Pen in its video games. Rock Star also used photos from other parts of Los Angeles to influence the imagery of the Pig Pen. ESS brought suit and claimed that Rock Star had committed trademark infringement by using Play Pen’s logo and trade dress without ESS’s permission. ESS claimed that this would cause consumer confusion as to whether the strip club in the video game was associated with ESS or whether ESS endorsed it. Rock Star filed a motion for summary judgment and claimed the defense of nominative fair use and First Amendment protections. The district court granted Rock Star’s motion based on the First Amendment but rejected Rock Star’s nominative fair use defense. ESS appealed.
Rule of Law
Holding and Reasoning (O’Scannlain, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.