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Article: California Misappropriation Claim Not Pre-Empted By Copyright Act.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 10, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Addressing whether the U.S. Copyright Act would pre-empt a claim for misappropriation under California state law, the U.S. Court of Appeals for the Ninth Circuit vacated the ruling of the lower court and found that the state claim could proceed. Stewart Title of California Inc. v. Fidelity National Title Co., Case No. 06-55955 (9th Cir., May 19, 2008) (Pollak, J., sitting by designation) (non-precedential).
In Stewart, plaintiff Stewart Title of California (Stewart), a real estate service company, sued defendant Fidelity National Title (Fidelity) for copyright infringement, unfair competition and misappropriation for using sales contract and disclosure ...