VIVA! INTERNATIONAL VOICE v. ADIDAS, INC.

No. S140064.

63 Cal.Rptr.3d 50 (2007)

41 Cal.4th 929

162 P.3d 569

VIVA! INTERNATIONAL VOICE FOR ANIMALS et al., Plaintiffs and Appellants, v. ADIDAS PROMOTIONAL RETAIL OPERATIONS, INC., et al., Defendants and Respondents.

Supreme Court of California.

July 23, 2007.


Attorney(s) appearing for the Case

Eisenberg, Raisman, Thurston & Wong, Orly Degani, Los Angeles; and David Blatte, for Plaintiffs and Appellants.

Jonathan R. Loworn and Rebecca G. Judd, for The Humane Society of the United States as Amicus Curiae on behalf of Plaintiffs and Appellants.

Morgenstein & Jubelirer and Bruce A. Wagman, San Francisco, for Animal Defense Fund as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Thomas Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Clifford T. Lee and Tara L. Mueller, Deputy Attorneys General, for California Department of Fish and Game as Amicus Curiae on behalf of Plaintiffs and Appellants.

Davis Wright Tremaine, Martin L. Fineman and Sam N. Dawood, San Francisco, for Defendants and Respondents.

McKenna Long & Aldridge, Ann G. Grimaldi, San Francisco, and Eric S.C. Lindstrom, for The Government of the Commonwealth of Australia as Amicus Curiae.


WERDEGAR, J.

State law prohibits the importation into or sale within California of products made from kangaroo. (Pen.Code, § 653o.) Defendant adidas Promotional Retail Operations, Inc., concedes it imports into and sells in California athletic shoes made from kangaroo hide, but argues Penal Code section 653o is preempted because it conflicts with federal policies intended to influence Australian kangaroo management practices. As section 653o poses no obstacle...

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