Perfect

10, INC. V. VISA INTERNATIONAL SERVICE ASSOCIATION 494 F.3d 788 (9th Cir. 2007)

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Nature of the Case

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Facts

P publishes the magazine 'PERFECT10' and operates the subscription website www.perfect10.com., both of which 'feature copyrighted images of the world's most beautiful natural models.' P claims copyrights to the photographs published in its magazine and on its website. P alleges that numerous websites based in several countries have stolen its proprietary images, altered them, and illegally offered them for sale online. P sued Ds, financial institutions that process certain credit card payments to the allegedly infringing websites. Ds collect fees for their services in these transactions. P alleges that it sent Ds repeated notices specifically identifying infringing websites and informing Ds that some of their consumers use their payment cards to purchase infringing images. Ds admit receiving notices, but they took no action after receiving them. P alleged contributory and vicarious copyright and trademark infringement as well as violations of California laws proscribing unfair competition and false advertising, violation of the statutory and common law right of publicity, libel, and intentional interference with prospective economic advantage. Ds moved to dismiss. The district court eventually granted the motion. P appealed.