Perfect 10 Inc v. Google Inc et al

Filing 340

AMENDED ANSWER - ANSWER OF PLAINTIFF PERFECT 10, INC. TO COUNTERCLAIMS OF DEFENDANT GOOGLE, INC. (NOT AMENDED ANSWER) filed by Counter Defendant Perfect 10 Inc. (Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 340

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JEFFREY N. MAUSNER (State Bar No. 122385) DAVID N. SCHULTZ (State Bar No. 123094) Law Offices of Jeffrey N. Mausner Warner Center Towers, Suite 910 21800 Oxnard Street Woodland Hills, California 91367-3640 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Perfect 10, Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, v. GOOGLE INC., a corporation, Defendant. ______________________________ AND CONSOLIDATED CASE. Case No.: 04-9484 AHM (SHx) ANSWER OF PLAINTIFF PERFECT 10, INC. TO COUNTERCLAIMS OF DEFENDANT GOOGLE INC. Discovery Cut-Off Date: Pretrial Conference Date: Trial Date: None Set None Set None Set

DEMAND FOR JURY TRIAL

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Plaintiff Perfect 10, Inc. ( Perfect 10 ) hereby answers the Counterclaims of Defendant Google Inc. ( Google ) as follows: INTRODUCTION 1. 2. 3. Perfect 10 denies the allegations of Paragraph 1 of the Counterclaims. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that the Internet offers a vast array of resources to

of Paragraph 2 of the Counterclaims, and on that basis it denies the allegations. users of the Internet. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 3 of the Counterclaims, and on that basis it denies the allegations. 4. 5. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that Google operates and maintains Blogger and of Paragraph 4 of the Counterclaims, and on that basis it denies the allegations. other services. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 5 of the Counterclaims, and on that basis it denies the allegations. 6. Perfect 10 admits that Google provides links to infringing content. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 6 of the Counterclaims, and on that basis it denies the allegations. 7. 8. Perfect 10 states that Exhibit A to the Counterclaims speaks for itself. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 denies the remaining allegations of Paragraph 7 of the Counterclaims. of Paragraph 8 of the Counterclaims, and on that basis it denies the allegations. Perfect 10 also notes that this allegation is irrelevant to this matter because Perfect 10 cannot place robot exclusion headers or other such standard technical means on third party infringing websites that Google links to. 9. Perfect 10 lacks information or belief to admit or deny the allegations of the first sentence of Paragraph 9 of the Counterclaims, and on that basis it
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denies the allegations. Perfect 10 denies the remaining allegations of Paragraph 9 of the Counterclaims. 10. Perfect 10 lacks information or belief to admit or deny the allegations of the second sentence of Paragraph 10 of the Counterclaims, and on that basis it denies the allegations. Perfect 10 denies the remaining allegations of Paragraph 10 of the Counterclaims. 11. 12. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations of Paragraph 11 of the Counterclaims, and on that basis it denies the allegations. of the last sentence of Paragraph 12 of the Counterclaims, and on that basis it denies the allegations. Perfect 10 admits the remaining allegations of Paragraph 12 of the Counterclaims, but notes that Google is the largest source of infringing material. 13. 14. 15. 16. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that Google's image search engine allows users to of Paragraph 13 of the Counterclaims, and on that basis it denies the allegations. of Paragraph 14 of the Counterclaims, and on that basis it denies the allegations. of Paragraph 15 of the Counterclaims, and on that basis it denies the allegations. search for images stored on the web. However, Perfect 10 lacks the information regarding Google s use of the terms using keywords in this context and on that basis it denies the remaining allegations of Paragraph 16 of the Counterclaims. 17. 18. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that Google s image search engine delivers results of Paragraph 17 of the Counterclaims, and on that basis it denies the allegations. to users by displaying images and providing links to the images and to the webpages containing the images. Perfect 10 lacks information or belief to admit or
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deny the remaining allegations of Paragraph 18 of the Counterclaims, and on that basis it denies the allegations. 19. Perfect 10 admits that there is a maxim that says, a picture is worth a thousand words. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 19 of the Counterclaims, and on that basis it denies the allegations. 20. Perfect 10 admits that when a Google user clicks on an image listed in image search results, Google responds by (1) displaying a thumbnail of the indexed image; (2) providing information (a web address) about the location of the image on the site of origin; and (3) providing a link to the site of origin. Perfect 10 also admits that Google often provides an in-line link to or frame of the fullsize image, which allows the users to view and download the full-size image without leaving Google s website. Perfect 10 denies that the reduced-size images that Google displays are the size of a person s thumbnail; they are actually much larger. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 20 of the Counterclaims, and on that basis it denies the allegations. 21. 22. 23. 24. 25. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 denies the allegations of Paragraph 24 of the Perfect 10 denies the allegations of the first sentence of Paragraph 25 of Paragraph 21 of the Counterclaims, and on that basis it denies the allegations. of Paragraph 22 of the Counterclaims, and on that basis it denies the allegations. of Paragraph 23 of the Counterclaims, and on that basis it denies the allegations. Counterclaims. of the Counterclaims. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 25 of the Counterclaims, and on that basis it
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denies the allegations. 26. 27. Perfect 10 denies the allegations of Paragraph 26 of the Perfect 10 denies the allegations of the first and last sentences of Counterclaims. Paragraph 27 of the Counterclaims. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 27 of the Counterclaims, and on that basis it denies the allegations. 28. 29. 30. 31. Perfect 10 denies the allegations of Paragraph 28 of the Perfect 10 denies the allegations of Paragraph 29 of the Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that a user may find pornographic websites that Counterclaims. Counterclaims. of Paragraph 30 of the Counterclaims, and on that basis it denies the allegations. advertise that they provide unauthorized content without using Google s search engine. However, Google is the most common method of finding such websites, and it may not be easy to find them without Google. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 31 of the Counterclaims, and on that basis it denies the allegations. 32. Perfect 10 admits that internet newsgroups may allow persons ready access to free pornography on the internet, but also alleges that Google helps its users find infringing material in such newsgroups. Perfect 10 lacks the information or belief to admit or deny the remaining allegations of Paragraph 32 of the Counterclaims. 33. 34. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 admits that it publishes a website that contains images of of Paragraph 33 of the Counterclaims, and on that basis it denies the allegations. nude or partially nude women. Perfect 10 also admits that it once published
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PERFECT 10 MAGAZINE which also contains images of nude or partially nude women. Perfect 10 no longer publishes new issues of the magazine, because of losses caused by rampant infringement, but it continues to sell back issues of the magazine. Perfect 10 is known for featuring women who have not undergone cosmetic surgery to enhance their breasts. Perfect 10 denies the remaining allegations of Paragraph 34 of the Counterclaims 35. Perfect 10 denies the allegations of the second sentence of Paragraph 35 of the Counterclaims; Perfect 10 has lost money because of rampant infringement of its images, not because they do not appeal to a wide audience. The referenced issue of Perfect 10 Magazine is one issue of many issues published by Perfect 10 and speaks for itself. Perfect 10 admits the remaining allegations of Paragraph 35 of the Counterclaims. 36. 37. 38. Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 denies the allegations of Paragraph 37 of the Perfect 10 admits that image searches of the words Perfect 10 using of Paragraph 36 of the Counterclaims, and on that basis it denies the allegations. Counterclaims. Google yield links to photographs of Perfect 10 magazine covers. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 38 of the Counterclaims, and on that basis it denies the allegations. 39. Perfect 10 admits that in some cases, users can find Perfect 10 s website using Google. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 39 of the Counterclaims, and on that basis it denies the allegations. 40. 41. Perfect 10 denies the allegations of Paragraph 40 of the Perfect 10 admits that it is aware of the practice of using robot Counterclaims. exclusion headers. Perfect 10 denies the remaining allegations of Paragraph 41 of
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the Counterclaims. In particular, Perfect 10 states that this allegation is irrelevant, since Perfect 10 cannot place robot exclusion headers on third party infringing websites that Google links to. Perfect 10 has repeatedly asked Google not to link to those infringing third-party websites. 42. 43. 44. 45. 46. 47. 48. Perfect 10 admits the allegations of Paragraph 42 of the Perfect 10 admits the allegations of Paragraph 43 of the Perfect 10 admits the allegations of Paragraph 44 of the Perfect 10 denies the allegations of Paragraph 45 of the Perfect 10 admits the allegations of Paragraph 46 of the Perfect 10 denies the allegations of Paragraph 47 of the Perfect 10 admits that it has used Google to search for infringement Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. by Google and others of Perfect 10 s copyrighted works. Perfect 10 denies the remaining allegations of Paragraph 48 of the Counterclaims, since Google itself is the largest infringer. 49. Perfect 10 admits that: (i) it sent notices of infringements of its copyrighted works and violations of other rights to Google in 2001; (ii) in response to these notices, Google asserted to Perfect 10 that it was unable to do anything about the infringements; (iii) Perfect 10 next sent notices of infringement to Google in 2004; and (iv) Perfect 10 published an article critical of Google in about 2001. Perfect 10 alleges that the page attached to the Counterclaims as Exhibit B speaks for itself. Perfect 10 denies the remaining allegations of Paragraph 49 of the Counterclaims.
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50.

Perfect 10 admits that: (i) it has sent DMCA notices to Google during

the period from 2004 through 2008; (ii) it sent large numbers of notices of infringement to Google because there were large numbers of infringements on Google s system; and (iii) Perfect 10 has accused Google of failing to handle its DMCA notices expeditiously. Perfect 10 admits that because of the large numbers of infringements involved, Perfect 10 sent DVDs and hard drives containing downloads/print-outs of the infringing images, which showed the location of the infringing images. Perfect 10 denies that its notices were deficient; its DMCA notices have been fully compliant. Perfect 10 admits that Google has been involved in over one million infringements. Perfect 10 admits that it has repeatedly tried to settle this case, including directly with Google s Board of Directors, but Google has shown little interest in settling. 51. Perfect 10 denies the remaining allegations of Paragraph 50 of the Counterclaims. Perfect 10 admits that: (i) it owns the publicity rights for some models that appear in its magazine or on its website; and (ii) that some Perfect 10 models have appeared in other publications. Perfect 10 denies the remaining allegations of Paragraph 51 of the Counterclaims. 52. Perfect 10 admits that: (i) it has sued others in an attempt to protect its rights; and (ii) the Amended Complaint in its action against Visa and Mastercard speaks for itself. Perfect 10 denies the remaining allegations of Paragraph 52 of the Counterclaims. 53. Perfect 10 admits that it has sued Google in this action. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 53 of the Counterclaims, and on that basis it denies the allegations. FIRST CAUSE OF ACTION DECLARATION OF NONINFRINGEMENT OF COPYRIGHT (FAIR USE) 54. Perfect 10 hereby incorporates and re-alleges, as if set forth here in

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full, its responses to Paragraphs 1 through 53 of the Counterclaims set forth above. 55. 56. Perfect 10 denies the allegations of Paragraph 55 of the Perfect 10 denies the allegations of Paragraph 56 of the SECOND CAUSE OF ACTION DECLARATION OF NON-LIABILITY FOR COPYRIGHT INFRINGEMENT (OCILLA) 57. 58. Perfect 10 hereby incorporates and re-alleges, as if set forth here in Paragraph 58 calls for a legal conclusion, and Perfect 10 denies it on full, its responses to Paragraphs 1 through 56 of the Counterclaims set forth above. that basis. Perfect 10 denies that Google is a service provider for all of its infringing activities or that it is entitled to safe harbor under Section 512 at all. Perfect 10 denies the remaining allegations of Paragraph 58 of the Counterclaims. 59. 60. 61. 62. 63. 64. 65. Perfect 10 denies the allegations of Paragraph 59 of the Perfect 10 denies the allegations of Paragraph 60 of the Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 denies the allegations of Paragraph 63 of the Perfect 10 denies the allegations of Paragraph 64 of the Perfect 10 denies the allegations of Paragraph 65 of the Counterclaims. Counterclaims. of Paragraph 61 of the Counterclaims, and on that basis it denies the allegations. of Paragraph 62 of the Counterclaims, and on that basis it denies the allegations. Counterclaims. Counterclaims. Counterclaims.
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Counterclaims. Counterclaims.

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66. 67. 68. 69. 70.

Perfect 10 lacks information or belief to admit or deny the allegations Perfect 10 denies the allegations of Paragraph 67 of the Perfect 10 denies the allegations of Paragraph 68 of the Perfect 10 denies the allegations of Paragraph 69 of the Perfect 10 admits that it sent DMCA notices to Google in 2001 and

of Paragraph 66 of the Counterclaims, and on that basis it denies the allegations. Counterclaims. Counterclaims. Counterclaims. that this action was commenced in 2004. Perfect 10 denies the remaining allegations of Paragraph 70 of the Counterclaims. 71. 72. 73. 74. 75. Perfect 10 admits the allegations of Paragraph 71 of the Perfect 10 denies the allegations of Paragraph 72 of the Perfect 10 denies the allegations of Paragraph 73 of the Perfect 10 denies the allegations of Paragraph 74 of the Perfect 10 admits the allegations of Paragraph 75 of the Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims, because in 2001, Google basically told Perfect 10 that it couldn t do anything about the infringements. 76. thereafter. 77. thereafter. 78. Perfect 10 admits the allegations of Paragraph 78 of the Counterclaims.
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Perfect 10 admits that it sent DMCA notices to Google in 2004 and Perfect 10 admits that it sent DMCA notices to Google in 2004 and

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79. 80. 81. 82. 83. 84. 85.

Perfect 10 denies the allegations of Paragraph 79 of the Perfect 10 denies the allegations of Paragraph 80 of the Perfect 10 denies the allegations of Paragraph 81 of the Perfect 10 denies the allegations of Paragraph 82 of the Perfect 10 denies the allegations of Paragraph 83 of the Perfect 10 denies the allegations of Paragraph 84 of the Perfect 10 denies the allegations of Paragraph 85 of the THIRD CAUSE OF ACTION

Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. DECLARATION OF NO CONTRIBUTORY OR VICARIOUS LIABILITY FOR COPYRIGHT INFRINGEMENT BY OTHERS 86. 87. 88. 89. 90. 91. Perfect 10 hereby incorporates and re-alleges, as if set forth here in Perfect 10 denies the allegations of Paragraph 87 of the Perfect 10 denies the allegations of Paragraph 88 of the Perfect 10 denies the allegations of Paragraph 89 of the Perfect 10 denies the allegations of Paragraph 90 of the Perfect 10 denies the allegations of Paragraph 91 of the full, its responses to Paragraphs 1 through 85 of the Counterclaims set forth above. Counterclaims. Counterclaims. Counterclaims. Counterclaims.

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Counterclaims. 92. 93. 94. 95. 96. 97. 98. 99. Perfect 10 denies the allegations of Paragraph 92 of the Perfect 10 denies the allegations of Paragraph 93 of the Perfect 10 denies the allegations of Paragraph 94 of the Perfect 10 denies the allegations of Paragraph 95 of the Perfect 10 denies the allegations of Paragraph 96 of the Perfect 10 denies the allegations of Paragraph 97 of the Perfect 10 denies the allegations of Paragraph 98 of the Perfect 10 denies the allegations of Paragraph 99 of the Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. Counterclaims. 100. Perfect 10 denies the allegations of Paragraph 100 of the Counterclaims. FOURTH CAUSE OF ACTION DECLARATION OF NONINFRINGEMENT OF TRADEMARK/NONVIOLATION OF LANHAM ACT 101. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 100 of the Counterclaims set forth above. 102. Perfect 10 generally admits the allegations of Paragraph 102 of the Counterclaims, but the Second Amended Complaint speaks for itself. 103. Perfect 10 lacks information or belief to admit or deny the allegations
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of Paragraph 103 of the Counterclaims, and on that basis it denies the allegations. 104. Perfect 10 lacks information or belief to admit or deny the allegations of Paragraph 104 of the Counterclaims, and on that basis it denies the allegations. 105. Perfect 10 lacks information or belief to admit or deny the allegations of Paragraph 105 of the Counterclaims, and on that basis it denies the allegations. 106. Perfect 10 denies the allegations of Paragraph 106 of the Counterclaims. 107. Perfect 10 denies the allegations of Paragraph 107 of the Counterclaims. 108. Perfect 10 denies the allegations of Paragraph 108 of the Counterclaims. 109. Perfect 10 lacks information or belief to admit or deny the allegations of Paragraph 109 of the Counterclaims, and on that basis it denies the allegations. 110. Perfect 10 denies the allegations of Paragraph 110 of the Counterclaims. 111. Perfect 10 denies the allegations of Paragraph 111 of the Counterclaims. 112. Perfect 10 admits that it is not in the search engine or image recognition business. Perfect 10 is a copyright owner seeking to protect its copyrights. While Google competes unfairly with Perfect 10 in offering adult content, Perfect 10 does not compete with Google in offering search engine services or image recognition technology. Perfect 10 denies the remaining allegations of Paragraph 112 of the Counterclaims. 113. Perfect 10 denies the allegations of Paragraph 113 of the Counterclaims. 114. Perfect 10 denies the allegations of the last sentence of Paragraph 114. Perfect 10 lacks information or belief to admit or deny the remaining allegations of Paragraph 114 of the Counterclaims, and on that basis it denies the allegations.
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115. Perfect 10 denies the allegations of Paragraph 115 of the Counterclaims. 116. Perfect 10 denies the allegations of Paragraph 116 of the Counterclaims. FIFTH CAUSE OF ACTION DECLARATION OF NO CONTRIBUTORY OR VICARIOUS LIABILITY FOR TRADEMARK INFRINGEMENT BY OTHERS 117. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 116 of the Counterclaims set forth above. 118. Perfect 10 denies the allegations of Paragraph 118 of the Counterclaims. 119. Perfect 10 denies the allegations of Paragraph 119 of the Counterclaims. 120. Perfect 10 denies the allegations of Paragraph 120 of the Counterclaims. 121. Perfect 10 denies the allegations of Paragraph 121 of the Counterclaims. 122. Perfect 10 denies the allegations of Paragraph 122 of the Counterclaims. 123. Perfect 10 denies the allegations of Paragraph 123 of the Counterclaims. 124. Perfect 10 denies the allegations of Paragraph 124 of the Counterclaims. SIXTH CAUSE OF ACTION DECLARATION OF NONVIOLATION OF THE TRADEMARK DILUTION PROVISIONS OF THE LANHAM ACT 125. Perfect 10 hereby incorporates and re-alleges, as if set forth here in
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full, its responses to Paragraphs 1 through 124 of the Counterclaims set forth above. 126. Perfect 10 admits the allegations of Paragraph 126 of the Counterclaims. 127. Perfect 10 denies the allegations of Paragraph 127 of the Counterclaims. 128. Perfect 10 denies the allegations of Paragraph 128 of the Counterclaims. 129. Perfect 10 denies the allegations of Paragraph 129 of the Counterclaims. 130. Perfect 10 denies the allegations of Paragraph 130 of the Counterclaims. 131. Perfect 10 denies the allegations of Paragraph 131 of the Counterclaims. SEVENTH CAUSE OF ACTION DECLARATION OF NONVIOLATION OF THE UNFAIR COMPETITION PROVISIONS OF THE LANHAM ACT, CALIFORNIA BUSINESS AND PROFESSIONS CODE § 17200, AND THE COMMON LAW OF UNFAIR COMPETITION 132. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 131 of the Counterclaims set forth above. 133. Perfect 10 admits the allegations of Paragraph 133 of the Counterclaims. 134. Perfect 10 lacks information or belief to admit or deny the allegations of Paragraph 134 of the Counterclaims, and on that basis it denies the allegations. 135. Perfect 10 denies the allegations of Paragraph 135 of the Counterclaims.
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136. Perfect 10 denies the allegations of Paragraph 136 of the Counterclaims. 137. Perfect 10 lacks information or belief to admit or deny the allegations of the first sentence of Paragraph 137 of the Counterclaims, and on that basis it denies the allegations. Perfect 10 denies the remaining allegations of Paragraph 137 of the Counterclaims. 138. Perfect 10 denies the allegations of Paragraph 138 of the Counterclaims. While Google competes unfairly with Perfect 10 in offering adult content, Perfect 10 does not compete with Google in offering search engine services or image recognition technology. 139. Perfect 10 denies the allegations of Paragraph 139 of the Counterclaims. 140. Perfect 10 denies the allegations of Paragraph 140 of the Counterclaims. 141. Perfect 10 denies the allegations of Paragraph 141 of the Counterclaims. 142. Perfect 10 denies the allegations of Paragraph 142 of the Counterclaims. 143. Perfect 10 denies the allegations of Paragraph 143 of the Counterclaims. 144. Perfect 10 denies the allegations of Paragraph 144 of the Counterclaims. 145. Perfect 10 denies the allegations of Paragraph 145 of the Counterclaims. 146. Perfect 10 denies the allegations of Paragraph 146 of the Counterclaims. 147. Perfect 10 denies the allegations of Paragraph 147 of the Counterclaims.
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148. Perfect 10 denies the allegations of Paragraph 148 of the Counterclaims. 149. Perfect 10 denies the allegations of Paragraph 149 of the Counterclaims. 150. Perfect 10 denies the allegations of Paragraph 150 of the Counterclaims. 151. Perfect 10 denies the allegations of Paragraph 151 of the Counterclaims. EIGHTH CAUSE OF ACTION DECLARATION OF NONVIOLATION OF RIGHTS OF PUBLICITY 152. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 151 of the Counterclaims set forth above. 153. Perfect 10 admits the allegations of Paragraph 153 of the Counterclaims. 154. Perfect 10 denies the allegations of Paragraph 154 of the Counterclaims. 155. Perfect 10 denies the allegations of Paragraph 155 of the Counterclaims. 156. Perfect 10 admits that the letter referred to in Paragraph 156 was sent by Perfect 10 s counsel to Google s counsel. Perfect 10 denies the remaining allegations of Paragraph 156 of the Counterclaims. 157. Perfect 10 admits that it owns rights of publicity in certain models. The extent of those rights of publicity depends on the specific language of the contract with each model. Perfect 10 denies the remaining allegations of Paragraph 157 of the Counterclaims. 158. Perfect 10 admits that it owns rights of publicity in certain models. The extent of those rights of publicity depends on the specific language of the
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contract with each model. Perfect 10 denies the remaining allegations of Paragraph 158 of the Counterclaims. 159. Perfect 10 denies the allegations of Paragraph 159 of the Counterclaims. 160. Perfect 10 denies the allegations of Paragraph 160 of the Counterclaims. 161. The wording of Paragraph 161 of the Counterclaims is convoluted and not understood and on this basis, Perfect 10 denies the allegations of Paragraph 161 of the Counterclaims. 162. Perfect 10 denies the allegations of Paragraph 162 of the Counterclaims. 163. Perfect 10 denies the allegations of Paragraph 163 of the Counterclaims. 164. Perfect 10 denies the allegations of Paragraph 164 of the Counterclaims. 165. Perfect 10 denies the allegations of Paragraph 165 of the Counterclaims. 166. Perfect 10 denies the allegations of Paragraph 166 of the Counterclaims. NINTH CAUSE OF ACTION DECLARATION OF NONVIOLATION OF THE LAW OF UNJUST ENRICHMENT 167. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 166 of the Counterclaims set forth above. 168. Perfect 10 denies the allegations of Paragraph 168 of the Counterclaims. 169. Perfect 10 lacks information or belief to admit or deny the allegations
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of Paragraph 169 of the Counterclaims, and on that basis it denies the allegations. 170. Perfect 10 denies the allegations of Paragraph 170 of the Counterclaims. 171. Perfect 10 denies the allegations of Paragraph 171 of the Counterclaims. 172. Perfect 10 denies the allegations of Paragraph 172 of the Counterclaims. 173. Perfect 10 denies the allegations of Paragraph 173 of the Counterclaims. TENTH CAUSE OF ACTION DECLARATION OF NONVIOLATION OF THE LAW OF MISAPPROPRIATION 174. Perfect 10 hereby incorporates and re-alleges, as if set forth here in full, its responses to Paragraphs 1 through 173 of the Counterclaims set forth above. 175. Perfect 10 denies the allegations of Paragraph 175 of the Counterclaims. 176. Perfect 10 denies the allegations of Paragraph 176 of the Counterclaims. 177. Perfect 10 denies the allegations of Paragraph 177 of the Counterclaims. 178. Perfect 10 denies the allegations of Paragraph 178 of the Counterclaims. 179. Perfect 10 denies the allegations of Paragraph 179 of the Counterclaims. 180. Perfect 10 denies the allegations of Paragraph 180 of the Counterclaims.

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