Preempting State IP claims

A New Hampshire District Court has ruled that two state IP law claims - a right of publicity claim and a false designation of origin claim - are not preempted by Section 230 of the Communications Decency Act.

The Court criticized the Perfect 10 ruling for ignoring the congressional intent evident in the language of the CDA, stating: "even if it were free to disregard the plain language of § 230(e)(2), this court cannot accept the defendants’ claim at oral argument that allowing state-law intellectual property claims to survive the CDA would have a “devastating” impact on the internet. Despite the general consensus before the Perfect 10 decision that the CDA did not shield service providers from state intellectual property law, both the internet and so-called 'e-commerce' remain alive and well, and show no signs of imminent collapse."

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