Chamber of Commerce v. Servin, et al.

Reply in Support of Defendants' Motion To Dismiss Plaintiff's First Amended Complaint

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EFF and Davis Wright Tremaine, LLP, are defending the Yes Men and other activists in a lawsuit filed against them by the U.S. Chamber of Commerce over political criticism of the Chamber's stance on climate change legislation.

In mid-October of 2009, the activists staged a "press conference" in which the Chamber of Commerce ostensibly reversed its position and promised to stop lobbying against strong climate change legislation -- a stance that has caused numerous Chamber members to leave the organization. As has been widely reported, before the press conference was even completed, a Chamber of Commerce representative rushed into the room and revealed that the Chamber's position on climate change legislation had not in fact changed.

The Chamber has pulled out all the stops in its effort to silence the activists. First, it sent an improper copyright takedown notice to the Yes Men's upstream provider, demanding that a parody website posted in support of the action be removed immediately and resulting in the temporary shutdown of not only the spoof site but of hundreds of other sites hosted by May First/People Link. Next, the Chamber filed suit against the activists in federal court, claiming among other things that the activism infringed their trademarks.

Please see full Reply below for more information.

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Published In: Constitutional Law Updates, Intellectual Property Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, D.C. Circuit, D.C. | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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