Here’s a fun historical tidbit for you: apparently the infamous Pinkerton Agency is still very much a thing in 2019. Not only that, but today’s Pinkertons are now embroiled in a legal battle with Red Dead Redemption 2 publisher Take-Two Interactive. It seems today’s Pinkertons want compensation for Rockstar’s use of the term “Pinkerton.”
According to The Verge, this whole legal kerfuffle actually began last month.
Red Dead Redemption 2 Pinkerton Legal Battle
Today’s Pinkerton Agency is called Pinkerton Consulting & Investigations and it’s owned by a security firm named Securitas AB. Last month, Pinkerton C&I sent a cease-and-desist letter to Take-Two Interactive. The letter specifically called out two Pinkerton agents depicted in the game. Fans will recall that the agents in question are Frank Milton and Edgar Ross, two of the game’s chief antagonists.
However, Pinkerton C&I’s letter didn’t ask for the removal of Milton, Ross, or the term “Pinkerton” from the game. Nope, the modern-day company merely wants to be paid the royalties it feels it is entitled to. You see, from Pinkerton C&I’s perspective, Rockstar’s specific use of the term “Pinkerton” entitles the security company to some royalties. Pinkerton C&I said it would accept either a single lump sum or an ongoing royalty arrangement.
In response, Take-Two filed a counter-suit in which it argues that the term “Pinkerton” is considered free use. Indeed, depictions of the Pinkerton Agency have appeared in popular television shows, movies, and even other video games. Fans of 2010’s BioShock Infinite might recall that protagonist Booker DeWitt was himself a former Pinkerton agent.
So why would Pinkerton C&I care about RDR2’s Pinkerton agents and not the other depictions? According to Take-Two, the answer is simple: greed. Take-Two’s complaint specifically accuses Pinkerton C&I of targeting RDR2 because of its immense popularity. One particular passage in Take-Two’s complain perfectly summarizes how flimsy a case Pinkerton C&I has:
“Historical fiction— television, movies, plays, books, and games — would suffer greatly if trademark claims like [Pinkerton’s] could even possibly succeed. [Pinkerton] cannot use trademark law to own the past.”
In other Red Dead Redemption 2 news, the game recently received a new Gun Rush battle royale mode. Rockstar is also reportedly hiring for a next-gen gaming project.