Intellectual Property vs the Right to Expression

            Rockstar Videos, the maker of Grand Theft Auto, arguably one of the most successful video games of all time has been a force in the entertainment business. The game, which makes a parody of East Side Los Angeles through a virtual world has recently been sued by ESS Entertainment for trademark infringement. The case was filed based on the fact that the game has a strip club which parodies the “gentlemen’s club” operated by ESS Entertainment. The 9^th district court, in deciding in favor of Rockstar held that under the first amendment, the right of free expression has greater public interest over the public interest of preventing confusion to public buyers. The fact that the game has artistic qualities means that it is protected by free expression.

             The case at hand shows the dichotomy of interests between property rights that registered persons have as against the general public. Due to the increase in interaction and outflow of ideas because of the ideas, the challenge to the courts is to ensure that the public (or any person/entity) like Rockstar can freely create artistic expressions that encourage discourse and free flow of information without being unnecessarily impeded by intellectual property laws. Admittedly, persons can avail of remedies to ensure that intellectual property that it had worked so hard to establish or create are protected, however, such rights should take into account the right to people to freely exchange ideas without being burdened by sanctions that would impede improvements that ultimately benefit society.