Bosley's mark in his site's domain name" The Circuit Court also found that the district court was wrong in granting summary judgement for Kremer on the ACPA claim due to the fact that the court did not notify Bosley that it would rule on this claim and in turn did not provide them a chance to conduct discovery on the issue. California's Anti-SLAPP Law The Circuit Court found that in an infringement lawsuit by a trademark owner over a defendant's unauthorized use of the mark as his domain, the defendant's free speech rights are not necessarily impaired. The Court reversed the district court's granting Kermer anti-SLAPP motion to strike Bosley's state law trademark claims because they had ruled that Bosley was seeking to limit Kremer's free speech. "The court concludes that while a summary judgment motion might have been appropriate, an anti-SLAPP motion was not." Impact Reinstatement of the ACPA The Circuit court's decision to reverse the district court's claim that Bosley did not violate the Anti-SLAPP law, a law created with the intent of preventing big companies from chilling individual's free speech rights, sets the precedent that ACPA takes precedence over Anti-SLAPP. In simple terms, a company may silence free speech if the person they are silencing is a cyber-squatter directly using their name to exercise his or her free speech even without commercial gain. Notes References United States Court of Appeals for the Ninth Circuit cases United States Internet case law 2001 in United States case law