Designer Skin, LLC v. S & L Vitamins, Inc.

Findings of Fact and Conclusions of Law

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Plaintiffs in the Designer Skin are awarded an injunction utilizing proposed language by defendants explicitly permitting S&L to use its own photographs of Designer Skin merchandise on its website. This is an important holding, making the District of Arizona among the handful of earliest courts to apply the rule of eBay to copyright infringement. The court agreed with S&L that past infringement does not lead to a presumption of future infringement. Despite S&L's arguments to the contrary, the court found that there was irreparable harm, for reasons best expressed in its own words.

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Reference Info:Decision | Federal, 9th Circuit, Arizona | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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