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Volume19
Year2010
TitlePerfect 10 v. Visa International
Author(s)Joni Borzcik & Nick Cole
First Page506
AbstractPerfect 10, owner of a subscription website featuring images of "The World's Most Beautiful Natural Women," sued Visa, MasterCard, and others for processing credit card payments made to websites that were infringing on Perfect 10's images. Perfect 10's claims were for contributory and/or vicarious copyright and trademark infringement. The district court granted the defendant's motion to dismiss the complaint for failure to state a claim. In Perfect 10, Inc. v. Visa International Service Ass'n a divided panel of the Ninth Circuit Court of Appeals affirmed the dismissal, and in doing so made pivotal decisions regarding secondary liability for mark infringement in the context of Internet commerce. In this case note we examine the panel's treatment of the two second-level trademark claims.