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McCain on the Defensive: First Obama, Paris' Mom, Now Jackson Browne?

By DEBORAH NATHAN, ESQ., Andrews Publications Staff Writer

Presumptive Republican presidential candidate Sen. John McCain and the Republican National Committee are facing a California federal court lawsuit over their use of Jackson Browne's song "Running on Empty" in a campaign advertisement.

The ad falsely suggests that Browne endorses or is associated with McCain and the Republican Party, the songwriter alleges.

To the contrary, Browne says, he has closely associated himself with liberal causes and Democratic candidates throughout his career.

The Ohio Republican Party released the challenged ad, in which McCain mocks Democratic presidential hopeful Barack Obama's suggestion that Americans conserve gasoline by properly inflating their automobile tires.

The ad creates a false association that "directly conflicts with the political and social values that Browne has espoused and supported throughout his career," according to the complaint, filed in the U.S. District Court for the Central District of California.

Browne says McCain and his agents have engaged in a consistent pattern of unauthorized use of copyrighted songs in an effort to boost the candidate's image.

McCain ads have featured songs by Franki Valli, ABBA and John Mellencamp, all of whom have demanded that the senator stop using their songs.

Browne alleges copyright and trademark infringement and violation of his right of publicity against McCain, the Republican National Party and the Ohio Republican Party.

He is seeking injunctive relief and damages against the defendants.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.

Browne is represented by Lawrence Y. Iser, Jonathan Steinsapir and Gregory S. Gabriel of Kinsella, Weitzman, Iser, Kump & Aldisert in Santa Monica, Calif.



Browne v. McCain et al., No. 08-5334, complaint filed (C.D. Cal. Aug. 14, 2008).
Intellectual Property Litigation Reporter
Volume 15, Issue 10
08/20/2008

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