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ARTICLE · 31 MARCH 2006

Google Enjoined in Lawsuit Over Image Links

McDermott Will & Emery
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In the latest chapter of a simmering legal battle between content providers and technology companies, the U.S. District Court for the Central District of California preliminarily enjoined Google Inc. from using its Image Search feature to display thumbnail versions of photographs owned by publisher Perfect 10 Inc.

United StatesIntellectual Property
James Griffith
James Griffith
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In the latest chapter of a simmering legal battle between content providers and technology companies, the U.S. District Court for the Central District of California preliminarily enjoined Google Inc. from using its Image Search feature to display thumbnail versions of photographs owned by publisher Perfect 10 Inc. Perfect 10 Inc. v. Google Inc., Case No. CV 04-9484 (C.D. Cal. Feb. 17, 2006) (J. Matz ). The court found that Google’s use of these images was primarily commercial and harmed the plaintiff’s market for the downloading of reduced-sized images on cell phones.

Perfect 10 is a Beverly Hills-based publisher of the adult magazine Perfect 10 and the operator of a corresponding subscription website. Google operates internet search engines, including Image Search. Image Search responds to a user search by displaying a number of reduced-size images organized into a grid. The user can scan the small images and choose one by clicking on it, thereby opening a new browser window

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