Playboy Enterprises, Inc. v. Netscape Communications Corp.

Good Law

55 F. Supp. 2d 1070·1999 WL 428233·52 U.S.P.Q. 2d (BNA) 1162·1999 U.S. Dist. LEXIS 9638

United States District Court, Central District of CaliforniaJune 24, 1999SA CV 99-320 AHS EEX, SA CV 99-321 AHX EEXCalifornia10,939 words

Opinion

Stotler, J.

ORDER (l)DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; (2) GRANTING DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE; (3) ISSUING FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. PROCEDURAL BACKGROUND

On April 15, 1999, plaintiff Playboy Enterprises, Inc. (“PEI”) filed a Motion for Preliminary Injunction against defendant Netscape Communications Corp. and against defendant Excite, Inc. On May 10, 1999, defendants filed a joint opposition. PEI filed its reply on May 17, 1999. The Court heard oral argument on the motion on May 24, 1999. At the end of the hearing, the Court took the matter under advisement, and ordered the parties to lodge proposed Findings of Fact and Conclusions of Law. Plaintiff lodged its proposed Findings on June 1, 1999; defendants lodged theirs on June 8, 1999. The Court has considered all of the parties’ submissions, as well as arguments presented at the hearing.

II. FACTUAL BACKGROUND

Defendants operate search engines on the Internet. When a person searches for a particular topic in either search engine, the search engine compiles a list of sites matching or related to the user’s search terms, and then posts the list of sites, known as “search…

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