This is Part Two of a two-part article. Part One was published in the March issue of Entertainment Law & Finance.
Does the CDA Bar State IP Claims?
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
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