E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc.
Opinion
Opinion
Morrow, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
On April 22, 2005, plaintiff E.S.S. Entertainment 2000, Inc. filed this action against defendants Rockstar Games, Inc. and Take-Two Interactive Software, Inc. Plaintiff, which does business as the Play Pen Gentlemen’s Club (the “Play Pen”), operates a club in Los Angeles that provides adult-oriented entertainment. Rockstar Games, which is a wholly-owned subsidiary of Take-Two Interactive, manufactures and distributes a video game known as “Grand Theft Auto: San Andre-as.” Plaintiff alleges that defendants have used the Play Pen’s distinctive logo and trade dress in Grand Theft Auto: San Andreas without its authorization, and created a likelihood of confusion among consumers as to whether plaintiff has endorsed, or is associated with, the video game. Plaintiff asserts four claims: (1) trade dress infringement and unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a); (2) trademark infringement under California Business and Professions Code § 14320; (3) unfair competition under Business and Professions Code §§ 17200 et. seq.; and (4) unfair competition under California common law.