In California, Common-Law Copyright Claim Dismissed As Preempted

Mealey's (December 9, 2020, 7:16 AM EST) -- SAN DIEGO — In a Nov. 25 order, a federal judge in California dismissed allegations of common-law copyright infringement and violations of the state unfair competition law (UCL) because the UCL claim is not qualitatively different from the copyright claim and because the defendants’ alleged fraud does not satisfy the “extra element” test, rendering the copyright claim preempted (Hemlock Hat Company Inc. v. Diesel Power Gear LLC, et al., No. 19-2422, S.D. Calif., 2020 U.S. Dist. LEXIS 222516)....