Trademark News & Screw-ups 165-year-old brand alleges trademark infringement against best-selling video game

It's a hard one. Everything in me wants to agree with Rockstar Games. Indeed, it looks like nominative fair use and not use in the trademark sense at all. On the other hand, I'm trying to put myself in the shoes of the owner of a 150-year-old trademark. Should they have NO recourse against such use? That doesn't sound right either. Because this case could lead to some long-lasting negative consequences for both parties, I would expect the parties to settle before a declaratory judgment is rendered. Otherwise, it will certainly be a case to follow.

The video below features Andrei Mincov's commentary of this article.



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