When Copyright and Trademark Infringement Goes Online

Posted on February 11, 2008 by Sheppard Mullin

Can search engines and credit card companies be secondarily liable?

Two recent Ninth Circuit decisions regarding Perfect 10, Inc., a Web site that markets copyrighted images of nude models, lay bare the issues facing plaintiffs asserting third-party copyright and trademark claims, and highlight differences between how the Ninth and Second Circuits might decide these claims. The two decisions, rendered within months of one another, address liability against search engines and credit card companies.

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