9th Circuit: Apply Transformative Use Test In Right-Of-Publicity Cases

SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on July 31 upheld a California federal judge's decision to deny a motion to strike, on anti-strategic lawsuit against public participation (anti-SLAPP) grounds, a complaint for violations of the right of publicity by the popular "NCAA Football" series of video games (In re: NCAA Student-Athlete Name and Likeness Licensing Litigation, No. 10-15387, 9th Cir.).

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