On January 5, 2010, the Yes Men and other defendants filed a motion to dismiss the Chamber's lawsuit, claiming that they have a "right" to steal the Chamber's name and trademarks and use them as they want. On February 5, 2010, the Chamber filed its formal response, providing all the reasons why the court should deny the defendants' motion and allow the Chamber's claim to proceed to the information-exchange phase of the lawsuit.

In short, our opposition brief points out that the Yes Men have publicly admitted that their business is "identity theft", and points out that the defendants stole the Chamber's name, registered trademarks and copyrighted software to masquerade as the Chamber on the Internet and in the media as part of a scheme to promote their commercial movie venture and online merchandise business. The brief proves why the Yes Men's identity theft was not a "parody" and why there is no First Amendment right to engage in such misconduct. The brief also explains why the Chamber's lawsuit satisfies all the requirements for pursuing claims for trademark infringement and other state laws that the defendants violated. After the court considers both sides' positions, we feel strongly that the defendants' motion will be denied and the Chamber will be allowed to prosecute its claims.