by the Ninth Circuit. Plaintiffs’ claim, rather than being analogous to Midler and Waits, is more similar to the claim made in Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir.1970). In that case, Nancy Sinatra sued the defendant based on its use in an advertising campaign of the song “These Boots Are Made For Walkin’,” a song made famous by Sinatra. Id. at 712. Sinatra alleged that the defendant selected a singer whose “voice and style was deliberately intended to imitate” her own. Id. The Sinatra court stated: [A]ppellant’s complaint is not that her sound is uniquely personal; it is that the sound in connection with the music, lyrics and arrangement, which made her the subject of popular identification, ought to be protected.... One wo upp.2d 1180, 1184 (W.D.Wash.2004) (<HOLDING>). Plaintiffs argue that the Game in this case
holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected holding that first amendment protections apply to compelled speech as well as restrictions on speech holding that raising chickens is not an expressive act for the purposes of the first amendment holding that the first amendment protects communicative aspects of video games