Browne v. McCain

612 F. Supp. 2d 1125 (2009)

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Browne v. McCain

United States District Court for the Central District of California
612 F. Supp. 2d 1125 (2009)

Facts

In 2007 both Republican Senator John McCain (defendant) and Democratic Senator Barak Obama ran in the upcoming United States presidential election. Senator McCain aired a negative commercial about Senator Obama that was created for McCain and the Republican National Committee (RNC) by the Ohio Republican Party. The commercial identified the Ohio Republican Party as its source. The Ohio Republican Party used “Running on Empty,” a song by Jackson Browne (plaintiff), for the background music. Browne, a Democrat and faithful Democratic Party supporter, sued for copyright and trademark infringement. McCain moved to dismiss the copyright claim. The district court denied McCain’s motion before analyzing the trademark claim under the Lanham Act.

Rule of Law

Issue

Holding and Reasoning (Klausner, J.)

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