Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Barry E. Mallen, Esq., Joy T. Teitel, Esq., Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for Plaintiffs-Appellees.
Michael R. Blaha, Esq., Law Offices of Michael Blaha, Santa Monica, CA, for Defendants-Appellants.
Appeal from the United States District Court for the Central District of California, William J. Rea, District Judge, Presiding. D.C. No. CV-03-08514-WJR.
Before: KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Passport International Productions, Inc. appeals the district court's preliminary injunction against Passport's distribution, sale, or offering to sell a DVD of a 1976
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concert by the group KISS. Applying the "limited and deferential" standard of review appropriate for preliminary injunction rulings, Southwest Voter Registration Educ. Project v. Shelley, 344 F.3d 914, 918 (9th Cir.2003) (en banc), we cannot say that the district court abused its discretion or based its decision on an erroneous legal standard or clearly erroneous factual findings in granting the preliminary injunction after concluding that KISS Catalog, Ltd., Gene Klein p/k/a Gene Simmons, and Paul Stanley are likely to succeed on their copyright infringement claim. Playmakers LLC v. ESPN, Inc., 376 F.3d 894, 896-97 (9th Cir.2004) (explaining standard of review).
AFFIRMED.