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Intellectual Property Law

: Trademark Blog

"Copyright and California's Anti-SLAPP Law"

By Marty Schwimmer

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43(B)log: "Copyright and California's Anti-SLAPP Law":

Duncan sued defendants, including the Sierra Club, based on Thomas Cohen and Kristi Cohen?s attempts to make a film of Duncan?s book The River Why. He alleged copyright infringement and various state-law claims.

The court first rejected the argument that California?s anti-SLAPP statute applied to federal claims. It then reached the same conclusion as to the state law claims. The threshold question is whether the state-law claims arise out of protected activity?the exercise of free speech.


Full post as published by Trademark Blog on August 04, 2008 (boomark / email).

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