Perfect 10 Files Preliminary Injunction Against Google

Gretchen Gallen
BEVERLY HILLS – In a follow-up to its first strike against Google for alleged copyright infringement in November, the publisher of Perfect 10 Magazine and sister site Perfect10.com filed a motion for preliminary injunction against Google.

As part of a large-scale effort to stop search engines from pilfering his content, Perfect 10 founder Norm Zada is now seeking to enjoin Google from copying, displaying and distributing Perfect 10 copyrighted images.

Zada alleges that as many as 96 percent of Google search results on Perfect 10 model names are diverted to infringing Google AdSense partners and not the Perfect10.com website. Zada also is alleging that Google is converting his Perfect 10 content into hundreds of millions of dollars in advertising revenue.

“This is far beyond some sort of innocent and impartial search function,” Zada told XBiz, adding that Google’s principal argument against infringement claims is that it provides users with a search function and is therefore excused from liability.

“They are a commercial operation misappropriating content for the purpose of driving traffic to their websites,” he said. “Google's extraordinary gain in market cap from nothing a few years ago to close to eighty billion dollars, is more due to the massive misappropriation of intellectual property than anything else.”

Zada claims that prior to filing the motion, he sent Google 35 notices of infringement pertaining to 6,500 infringing URLs, but that Google continues to display an estimated 4,000 Perfect 10 copyrighted images without authorization.

In his November lawsuit filing, Zada alleged that Google had committed 12 counts of intellectual property violations, trademark dilution, wrongful use of a registered trademark and unfair competition.

Additionally, Zada claimed that Google’s practices threatened the existence of his business.

In July, Zada filed a motion for preliminary injunction against Amazon.com for copyright infringement, targeting Amazon’s subsidiary search engine called A9.com, which Zada claims has been copying, displaying and distributing Perfect 10 images. Perfect 10 is seeking an injunction against the Seattle-based retailer and unspecified damages.

The injunction hearing for Amazon is set for Nov. 7.