Quick, let’s do some free association. If I say the name “Pinkerton,” what do you think of? If you’re in your 30s or 40s, your mind probably instantly went to Weezer’s 1996 album of the same name. But fans of Red Dead Redemption 2 might also be reminded of Andrew Milton and Edgar Ross, two Pinkerton Detectives that are constantly hounding the Van Der Linde Gang.
The Pinkerton Detective Agency was an actual private police force in the late 1800s and early 1900s, though they continue to operate as a security company to this day. In their heyday, Pinkerton Detectives were often hired by industrialists to stomp on unions and used extreme measures when hunting outlaws. According to The Verge, the current incarnation of the Pinkerton Detective Agency (which is owned by a Swedish company) has sent a cease-and-desist letter to Rockstar over the use of their name, and they’re seeking a royalty payment for all sales since the game’s October launch.
Rockstar has responded by suing Pinkerton, claiming their use of the name is accurate to the historical record. The publisher also cites a variety of media that has referenced Pinkerton agents over the years including Deadwood, Titanic, and the video game BioShock: Infinite (which was published by Take-Two Interactive, Rockstar’s parent company).
While Rockstar’s legal fight with Pinkerton has just started, the detective agency has a pretty steep hill to climb. As Rockstar’s suit shows, using trademarks in a work of fiction is a common practice, and it rarely results in any kind of penalty for the publisher.
On top of that, Rockstar is no stranger to these types of legal proceedings and how to win them. Just ask Lindsay Lohan.
