'The King Is Dead' — And Overruled

Law360, New York (September 19, 2011, 11:53 AM EDT) -- The show's over. The fat lady has sung. Elvis has left the building. The "King" is dead. On Aug. 22, 2011, the Ninth Circuit, in Flexible Lifeline Sys. Inc. v. Precision Lift Inc., No. 10-35987, 2011 (D. Mont. Aug. 22, 2011), used such popular catchphrases to emphasize that its holding in Elvis Presley Enters. Inc. v. Passport Video, 349 F.3d 622 (9th Circuit 2003), was overruled.

The Elvis Presley case had upheld long-standing precedent in the Ninth Circuit: If copyright owners established a likelihood of success on the merits, courts could just presume that, absent injunctive relief, they likely would suffer...

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