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PROTECTMARRIAGE.COM v. COURAGE CAMPAIGN

No. CIV. S-10-132 LKK/DAD.

680 F.Supp.2d 1225 (2010)

PROTECTMARRIAGE.COM—Yes on 8, a Project Of California Renewal, Plaintiff, v. COURAGE CAMPAIGN, Courage Campaign Institute, Defendants.

United States District Court, E.D. California.

January 20, 2010.

Attorney(s) appearing for the Case

David Jonathan Hacker, Heather Gebelin Hacker, Alliance Defense Fund, Folsom, CA, Brian R. Chavez-Ochoa, Chavez-Ochoa Law Offices, Valley Springs, CA, for Plaintiff.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

This is a trademark dispute. Plaintiff seeks a temporary restraining order enjoining defendant from using the allegedly infringing mark. For the reasons stated below, the court concludes that plaintiff is unlikely to overcome the conclusion that defendant's use of the mark is protected under the First Amendment, in that the use is relevant to an expressive parody and the use is not explicitly misleading...

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