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9th U.S. Circuit Court of Appeals

Sep. 22, 2023

Right of publicity claim exempt from anti-SLAPP law

“I am disappointed that the court concluded that denying the world access to public information is in the public interest as long as it can be couched as a right of publicity claim,” wrote Stanford Law professor Mark A. Lemley.

A 9th U.S. Circuit Court of Appeals panel on Thursday rejected a bid by a company to dismiss a woman’s right of publicity class action under California’s anti-SLAPP law, concluding that the complaint is exempt because it was “brought solely in the public interest.”

Senior 9th Circuit Judge M. Margaret McKeown ruled that the complaint by Kim Martinez, which also seeks damages for the unauthorized use of her name and likeness on the ZoomInfo ...

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