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Cybernet was also unlikely to be able to seek the protections of the DMCA because it received a financial benefit directly attributable to infringing activity it had the right and ability to control.
The court accordingly issued a preliminary injunction, which prohibited Cybernet from utilizing or linking to the images in question.
The images on each site, however, are not provided by Cybernet.
Instead, each site is run by a third party, who is responsible for locating the images, arranging to have the site hosted, and advertising the site.
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Among other issues, these cases address whether such use of a party's trademark constitutes a use in commerce, or a trademark use of the trademark sufficient to give rise to trademark infringement claims.