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PERFECT 10, INC. v. GOOGLE, INC.

No. 10-56316.

653 F.3d 976 (2011)

PERFECT 10, INC., Plaintiff-counter-defendant-Appellant, v. GOOGLE, INC., a corporation, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2011.

Attorney(s) appearing for the Case

David Schultz (argued) and Jeffrey Neil Mausner , Law Offices of Jeffrey N. Mausner, Woodland Hills, CA, for appellant Perfect 10, Inc.

Andrew H. Schapiro (argued), Mayer Brown, LLP, New York, NY; Michael T. Zeller , Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; Bradley R. Love , Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA; and Rachel Herrick Kassabian , Margret M. Caruso , and Andrea Pallios Roberts , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, for appellee Google, Inc.

Nancy E. Wolff , Cowan, DeBaets, Abrahams & Sheppard, New York, NY, for amici curiae Picture Archive Council of America, Inc., et al.

Joseph C. Gratz , Durie Tangri LLP, San Francisco, CA, for amici curiae Chilling Effects Clearinghouse Leaders.

Before: ALEX KOZINSKI, Chief Judge, MICHAEL DALY HAWKINS and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc. See Perfect 10, Inc. v. Amazon.com, Inc. (Perfect 10 II), 508 F.3d 1146 (9th Cir.2007). Because Perfect 10 has not demonstrated that it would likely suffer irreparable harm in the absence of a preliminary injunction, we affirm the district court's denial of that...

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