Finnegan successfully asserts anti-SLAPP defense to protect American Petroleum Institute’s free speech rights

Finnegan successfully defended American Petroleum Institute (API), the leading trade association in the petroleum field, in a trademark infringement suit by Choose Energy Inc., a utilities broker that allows consumers to choose the provider of their electricity and gas service. API had adopted a theme of “choose energy” for its political campaign, encouraging voters to select candidates that support the development of U.S. energy resources. The campaign included the phrases “choose energy” and “I choose energy.” Choose Energy Inc. sought a temporary restraining order in the week prior to the elections, claiming that the campaign theme infringed its trademark rights in the CHOOSE ENERGY mark. Ultimately, the court denied the motion based on Finnegan’s arguments. Subsequently, Finnegan filed a successful motion seeking dismissal of Choose Energy Inc. state law claims (and an award of attorney’s fees) under California’s Anti-SLAPP statute on the ground that Choose Energy’s lawsuit sought to silence API’s protected political speech.