5
Jul/07

Perfect 10 v. Visa


PERFECT 10, INC., v. VISA INTERNATIONAL SERVICE ASSOCIATION; FIRST DATA CORPORATION; CARDSERVICE INTERNATIONAL, INC.; HUMBOLDT OPINION BANK; MASTERCARD INTERNATIONAL, INC. No. 05-15170 (9th Cir. July 3, 2007)
“Perfect 10, Inc. (Perfect 10) sued Visa International Service Association, MasterCard International Inc., and several affiliated banks and data processing services (collectively, the Defendants), alleging secondary liability under federal copyright and trademark law and liability under California statutory and common law. It sued because Defendants continue to process credit card payments to websites that infringe Perfect 10’s intellectual property rights after being notified by Perfect 10 of infringement by those websites. The district court dismissed all causes of action under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. We affirm the decision of the district court.”

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