https://www.techdirt.com/articles/20190412/09495941991/take-two-dismisses-lawsuit-against-pinkerton-agency-as-latter-runs-own-cease-desist.shtml

At the very start of the year, we discussed a lawsuit filed by Take-Two Interactive against the Pinkerton Consulting & Investigations agency over content within the hit game Red Dead Redemption 2. Take-Two filed the suit seeking a declaratory judgement that its depiction of Pinkerton agents within the game was fair use, as Pinkerton had fired off a cease and desist notice to the game developer declaring that the game was violating its trademark rights and demanded either a lump sum payment or royalties as a result. Pinkerton, which most gamers will not know is a real-life union-busting, outlaw-getting agency that has existed since the west was still wild, probably thought Take-Two would pay it to go away. After all, the arguments for fair use and the First Amendment are quite clear when a work of fiction portrays a parody-take on an historically accurate and quite infamous agency of the wild west.

We said at the time that it was hard to see how a ruling by the court in favor of Pinkerton would do anything other than force artists to license history, which is about as clearly antithetical to First Amendment law as could be imagined. It seems that Pinkerton's lawyers agreed, as Take-Two announced it has dropped its suit as Pinkerton has agreed to withdraw its demands.