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Ninth Circuit to Plaintiff: Game Over! Virtual 'Pig Pen' Protected By First Amendment; 'Barbie Girl' Case Extended to Non-titular Expressive Works

In the intersection between trademark rights and the First Amendment, the Ninth Circuit upheld the District Court's grant of summary judgment finding that the First Amendment protected the look of a video game's virtual strip joint, as well as the use of the Pig Pen name.

18 minute read February 26, 2009 at 09:54 AM
By
Jane Shay Wald
Ninth Circuit to Plaintiff: Game Over! Virtual 'Pig Pen' Protected By First Amendment; 'Barbie Girl' Case Extended to Non-titular Expressive Works

The defendants, producers of the irreverent and popular “Grand Theft Auto” video game series, came out with “Grand Theft Auto: San Andreas.”

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