The Verge reports that the Pinkerton Consulting & Investigations delivered a cease-and-desist order in December to Take-Two. The order also demands that Take-Two pay either a lump sum or ongoing royalties for the continued depiction of Pinkerton agents in the game.
Take-Two responded with a lawsuit declaring fair use and that the depiction is protected by the First Amendment of the US. The company also notes that the Pinkertons “cannot use trademark law to own the past.” In turn, Pinkerton President Jack Zahran responded that the depiction of the detectives in RDR2 were baseless and inaccurate. The game does portray them as villains, and pretty trigger-happy ones by the end of the fifth chapter of the game. (Source: The Verge)