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PERFECT 10, INC. v. CCBILL LLC

No. 04-57143.

481 F.3d 751 (2007)

PERFECT 10, INC., a California corporation, Plaintiff-Appellant, v. CCBILL LLC, a corporation; Cavecreek Wholesale Internet Exchange, a corporation d/b/a CWIE LLC, Defendants-Appellees, and Netpass Systems Inc., a corporation, Defendant. Perfect 10, Inc., a California corporation, Plaintiff-Appellee, v. CCBill LLC, a corporation; Cavecreek Wholesale Internet Exchange, a corporation d/b/a CWIE LLC, Defendants-Appellants, and Netpass Systems Inc., a corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2007.

Attorney(s) appearing for the Case

Daniel J. Cooper, General Counsel, Perfect 10, Inc., Beverly Hills, CA, and Jeffrey N. Mausner, Berman, Mausner & Resser, A Law Corporation, Los Angeles, CA, for the plaintiff-appellant/cross-appellee.

Jay M. Spillane, Fox & Spillane, LLP, Los Angeles, CA, and John P. Flynn, Tiffany & Bosco, P.A., Phoenix, AZ, for the defendants-appellees/cross-appellants.

Before REINHARDT, KOZINSKI, M. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge.

Perfect 10, the publisher of an adult entertainment magazine and the owner of the subscription website perfect10.com, alleges that CCBill and CWIE violated copyright, trademark, and state unfair competition, false advertising and right of publicity laws by providing services to websites that posted images stolen from Perfect 10's magazine and website. Perfect 10 appeals the district court's finding that CCBill and CWIE qualified...

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