Archive for the ‘SLAPP’ Category

Copyright Enforcement and the California Anti-SLAPP Law

May 13, 2015

Anti-SLAPP laws are typically associated with defamation lawsuits. So how can an Anti-SLAPP law help copyright owners who enforce their rights? An ongoing class action dispute against Warner Brothers and other defendants shows one way.

One of the claims in the class action suit against Warner Brothers and others arose from the defendants seeking subpoenas under the Digital Millennium Copyright Act (DMCA). A provision in the DMCA permits copyright owners to seek federal court subpoenas of ISPs in order to identify alleged copyright infringers. The defendants’ use of this process ultimately led to a claim against them for abuse of process.

In response, the defendants sought to dismiss the claim using California’s Anti-SLAPP law. The defendants argued that petitioning courts for redress of copyright rights is protected activity under the California Anti-SLAPP law. The defendants further argued that the plaintiffs could not establish a probability of success on the merits, as required under the law. A U.S. District Court agreed and recently dismissed the abuse of process claim.

Ward & Ward’s attorneys have substantial experience with Anti-SLAPP litigation, pre-publication screening and review for media and non-profit clients, negotiating licensing agreements on behalf of rights holders, and protecting the intellectual property rights of our clients. If you would like to discuss any such matters, please contact us.

Ward & Ward wins big for a highly respected NGO

April 22, 2015

Ward & Ward PLLC recently obtained a comprehensive victory for a highly respected NGO. Ward & Ward successfully defended C4ADS from claims for defamation and punitive damages brought by Kaalbye Shipping International. The high-profile lawsuit, characterized as a “David versus Goliath battle,” attracted significant attention, including articles in Foreign Policy, Vocativ, and elsewhere.

In this particular battle, David prevailed. Ward & Ward attorneys Daniel Ward and Taimur Rabbani initially filed a declaratory judgment action on behalf of C4ADS in response to Kaalbye’s repeated threats of litigation.  Kaalbye responded by filing multiple defamation counterclaims against C4ADS.  C4ADS filed a Special Motion to Dismiss Kaalbye’s defamation counterclaims. If granted, a Special Motion to Dismiss under the D.C. Anti-SLAPP act provides for dismissal with prejudice of the targeted defamation claims, and the award of attorney’s fees and costs. In a recent Opinion, Judge Thomas Motley granted C4ADS’ Special Motion to Dismiss, dismissing with prejudice all claims brought by Kaalbye Shipping against C4ADS.

Have you or your organization been threatened with a defamation lawsuit? Would you like to create safeguards to minimize the risks of such a lawsuit? From pre-publication review through trial, the lawyers at Ward & Ward have considerable experience representing media, non-profit, and commercial clients with various First Amendment issues. Call or email Ward & Ward PLLC for a consultation with one of our attorneys.