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E.S.S. ENTERTAINMENT 2000 v. ROCK STAR VIDEOS

No. 06-56237.

547 F.3d 1095 (2008)

E.S.S. ENTERTAINMENT 2000, INC., d/b/a Playpen, Plaintiff-Appellant, v. ROCK STAR VIDEOS, INC., e/s/a MMM Rockstar Games, Inc.; Take-Two Interactive Software, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2008.

Attorney(s) appearing for the Case

Robert F. Helfing, Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA, for the plaintiff-appellant; David A. Schinder, Sedgwick, Detert, Moran & Arnold LLP, Los Angeles, CA, and Ernest J. Franceschi, Attorney, Los Angeles, CA, were on the briefs.

Russell Frackman, Mitchell Silberberg & Knupp LLP, Los Angeles, CA, for the defendants-appellees; Karin G. Pagnanelli and Eric J. German were on the brief.

Before: JOHN R. GIBSON, Senior Circuit Judge, DIARMUID F. O'SCANNLAIN and SUSAN P. GRABER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a producer of a video game in the "Grand Theft Auto" series has a defense under the First Amendment against a claim of trademark infringement.

I

A

Rockstar Games, Inc. ("Rockstar"), a wholly owned subsidiary of Take-Two Interactive Software, Inc., manufactures and distributes the Grand Theft Auto series of video games (the "Series"), including Grand Theft Auto: San Andreas ("San Andreas...

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