United States Ninth Circuit

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Maloney v. T3Media, Inc., 15-55630

In an brought by former student-athlete plaintiffs, alleging that defendant exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association's Photo Library for non-commercial use, the district court's order granting defendant's special motion to strike and dismissing plaintiffs' claims without leave to amend is affirmed where: 1) the federal Copyright Act preempts the plaintiffs' publicity-right claims and the derivative UCL claim; and 2) in light of that holding, plaintiffs' cannot demonstrate a reasonable probability of prevailing on their challenged claims.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/05

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel


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