The Pinkerton National Detective Agency does not get a particularly sympathetic hearing in Red Dead Redemption 2. When they're not just being massive nerds about breaking the law, they're firebombing homes and killing horses.

The 21st century descendent of the Pinkerton National Detective Agency has taken a particularly dim view. Pinkerton Consulting and Investigations is embroiled in a legal battle with Take-Two Interactive, which owns Red Dead developer Rockstar Games, over what it has called a "baseless" and "inaccurate" portrayal of its forbears from 110 years ago.

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Pinkerton president Jack Zahran complained that his employees were put in the awkward position of having to "explain to their young game players why Red Dead Redemption 2 encourages people to murder Pinkertons," and accused Red Dead of "[rewriting] history to create profit in the present at the expense of real-life people who represent a brand today."

"Pinkertons are seen shooting horses, shooting guns and firebombs into buildings where women and children are present, and as violent villains in the community. History tells a different story," he said.

Pinkerton first issued a cease and desist letter to Take-Two in December, and demanded either royalties or a lump sum for their troubles. Take-Two hit back, asking for a judgment to have the characters in Red Dead declared fair use under the First Amendment and suggesting that the new Pinkertons are trying to profit from Red Dead's enormous success. As Pinkerton agents have turned up in fiction quite a lot - Deadwood and Bioshock Infinite jump to mind - they might have a point. As Take-Two's lawsuit puts it, Pinkerton "cannot use trademark law to own the past".