If you have trademark or copyright registrations, it must be frustrating to see others copying you. One company [Perfect 10, Inc.] got tired of it. Perfect 10 got so tired of it they sued the credit card companies because they continued 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.
Ultimately, Perfect 10 lost but we’ve got to give them full credit for creativity and raw guts for suing Visa and Mastercard on trademark and copyright infringement by processing credit card payments to websites that infringe Perfect 10’s intellectual property rights. Perfect 10 publishes the magazine “PERFECT10” and operates a subscription website, both of which “feature tasteful copyrighted images of the world’s most beautiful natural models.” Instead of suing the direct infringers in this case, Perfect 10 sued the financial institutions that process certain credit card payments to the allegedly infringing websites.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."