Internet Speech And The 'Fire Cider' Trademark Case

Law360, New York (June 10, 2016, 11:48 AM EDT) -- On May 12, 2016, the District of Massachusetts held that an online campaign in support of the cancellation of a registered trademark ("Fire Cider") was protected petitioning activity, even though the campaign was organized and supported by the trademark owner’s competitors. Because the campaign activity was protected, the court granted the competitors’ anti-SLAPP special motion to dismiss certain claims. The case, Shire City Herbals v. Blue, provides insight into the applicability of the Massachusetts anti-SLAPP statute to internet activity.


“SLAPP” stands for “strategic lawsuits against public participation,” and is often defined as meritless lawsuits brought in order to deter or...

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