Browne v. McCain

Order Re Senator McCain’s Motion to Dismiss for Failure to State a Claim


The court in Browne v. McCain denied McCain's and The Republican National Committee's motion for summary judgment requesting a dismissal of the copyright infringement case brought by songwriter Jackson Browne. The court will also allow Browne's causes of action for Common Law Right of Publicity, Vicarious Copyright Infringement, and Violation of the Lanham Act to move forward.

The Court stated "Plaintiff needs to show a mere possibility of success on his claim" and that the defendant "has not shown that political expression's broad First Amendment protection bars, as a matter of law, all actions based on allegedly improper use of a person's identity in campaign-related materials."

The Court dismissed all claims against the Ohio Republican Party, also named in the suit, for lack of personal jurisdiction.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, 9th Circuit, California | 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.

© Tamera Bennett, Bennett Law Office, PC | Attorney Advertising

Written by:


Bennett Law Office, PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.