The McCain campaign released the following statement through its outside counsel Lincoln Bandlow:
Saturday, February 21, 2009
Court declines to dismiss Jackson Browne's suit against John McCain
A federal court in Los Angeles has declined to dismiss a lawsuit filed last August by Jackson Browne over use of the song "Running on Empty" in a web video produced by the Ohio Republican Party. Browne sued John McCain, the ORP, and the Republican National Committee for copyright infringement, and for alleged violations of his rights under the Lanham Act and California's common law right of publicity. The court denied McCain's and the RNC's motions to dismiss the copyright and Lanham Act claims, as well as their motions to strike Browne's right of publicity claim. The court did grant the ORP's motion to dismiss on the grounds that the court lacked jurisdiction over the ORP in California. A scheduling conference has been set for April 20.