Designer Skin LLC v. S & L Vitamins, Inc., et al.
Futuredontics, Inc. v. Applied Anagramics, Inc., et al.
No. 97-56711, 1998 U.S. App. Lexis 17012 (Ninth Cir., July 23, 1998)
Defendant Applied Anagramics, Inc., without authorization, created a hyperlink which caused content from plaintiff Futuredontics' website to appear in one of several frames on Applied Anagramics' site. Simultaneously, the other frames on Applied Anagramics' site featured information concerning its business operations. Claiming that defendant's conduct constituted copyright infringement, plaintiff sought a preliminary injunction enjoining defendant from continuing to engage in this conduct. The District Court denied plaintiff's application.
On appeal, the Ninth Circuit affirmed this decision. The Ninth Circuit found that plaintiff had failed to show that it was or would be injured by defendant's conduct. Absent the requisite showing of injury, plaintiff was not entitled to injunctive relief. Said the court: