At the start of 2019, we reported on the Red Dead Redemption 2 lawsuit that was filed against Take-Two Interactive for its use of the Pinkertons name in the action-adventure game set in a fictional Western USA. The Red Dead Redemption 2 lawsuit was filed by the real-life company, Pinkerton Consulting & Investigation.
Now, Take-Two and the real-life Pinkerton company have “mutually” withdrawn the lawsuit.
Take-Two can confirm that the present-day Pinkerton Consulting & Investigation company has withdrawn its claims against Red Dead Redemption 2, and Take-Two will not continue legal action against Pinkerton.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 1800s that references historical entities active during that time.
In December 2018, Take-Two and Rockstar Games responded to a cease and desist lawsuit filed by the Pinkerton company by filing a counter-claim to use the Pinkerton name in its Red Dead Redemption 2 game without having to pay royalties to the Pinkerton company, which it sought in its original cease and desist lawsuit.
References to ‘Pinkerton Detective Agency’ and ‘Pinkerton’ in Red Dead 2 are protected by the First Amendment and do not infringe any rights held by [Pinkertons]. The Pinkerton National Detective Agency is part of the history of America. Creative works about the American West are permitted as a matter of law to include such real historical events, figures, and businesses.
The counter-claim went on to allege that the Pinkerton company is merely trying to make money off its Red Dead Redemption 2 lawsuit and that the company doesn’t have a serious case against Take-Two and Rockstar’s use of its name in the game.
All of this seems to be moot now that both parties have agreed to withdraw legal action.
Are you still playing Red Dead Redemption 2? Let us know in the comments section below.