Take-Two Interactive Software, Inc. v. Pinkerton Consulting & Investigations, Inc.
United States District Court for the Southern District of New York
Filed January 11, 2019, NYSD-1-19-cv-00338
Dismissed: April 11, 2019
Back in January, Take-Two filed a declaratory judgment action asking the Southern District of New York to declare it had not infringed the trademarks of Pinkerton Consulting & Investigations, Inc. in Red Dead Redemption 2. On April 11, 2019, the district court granted Take-Two’s motion to voluntarily dismiss the case. Pinkerton had issued a letter to Take-Two claiming the new Red Dead infringed the former detective agency’s trademarks and demanding royalties. Take-Two responded by filing the declaratory judgment claiming it had a first amendment right to depict historical events. To read more about Take-Two’s arguments click here.
While the exact reasons for the dismissal are unknown, Take-Two told The Verge “Take-Two can confirm that the present-day Pinkerton Consulting and Investigation company has withdrawn its claims against Red Dead Redemption 2, and Take-Two will not continue legal action against Pinkerton. Red Dead Redemption 2 is a work of fiction set in the late 1900s that references historical entities active during that time.” Most likely, the two parties reached an agreement which prompted Take-Two to request the dismissal. For now, the case appears to have been resolved. Continue to follow the blog for updates on other cases in the video game industry.