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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Published In: Business Torts Updates, Communications & Media Updates, Intellectual Property Updates

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