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The Surprising Power of State Law Claims: Recent Cases Serve as Reminder That Federal Acts Need Not Be the Sole Means of Recovery

By Ira J. Levy and Jessica L. Rothstein of Goodwin Procter LLP

The Lanham Act (Title 15, USC), the Federal Copyright Act (Title 15, USC) and the Patent Act (Title 35, USC) are all familiar territory for intellectual property practitioners. But a number of recent cases, including most notably Spike Lee v. Viacom, Inc. et al, which many unfamiliar with the available New York State laws dismissed out of hand, serve as an effective reminder of the power of the various state laws.

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