Page:National Fire Protection Association v. UpCodes (2021).pdf/3

 Decl.) ¶ 5, 26-1 (Reynolds Decl.) ¶¶ 3–4. Unlike NFPA’s website, UpCodes’ website allows users to download or print the standards that have been incorporated by reference in a jurisdiction for free, or view the standards for free without registering for an account. Klaus Decl. ¶¶ 10–11; dkts. 25–26; Reynolds Decl. ¶¶ 14–16. Users can also access advanced search and collaboration tools on UpCodes by paying a subscription fee. Reynolds Decl. ¶¶ 17–18. UpCodes started uploading NFPA’s standards to its website on April 1, 2021. ¶ 21.

A preliminary injunction “prohibits a party from taking action and ‘preserve[s] the status quo pending a determination of the action on the merits.’”, 571 F.3d 873, 878–79 (9th Cir. 2009) (alteration in original) (quoting , 840 F.2d 701, 704 (9th Cir. 1988) and citing, 463 U.S. 1328, 1333 (1983) (stating a preliminary injunction “freezes the positions of the parties until the court can hear the case on the merits”)).

“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.”, 555 U.S. 7, 20 (2008). Although a plaintiff seeking a preliminary injunction must make a showing on each factor, the Ninth Circuit employs a “version of the sliding scale” approach where “a stronger showing of one element may offset a weaker showing of another.”, 632 F.3d 1127, 1131 (9th Cir. 2011). Under this approach, a court may issue a preliminary injunction where there are “serious questions going to the merits and a balance of hardships that tips sharply towards the plaintiff …, so long as the plaintiff also shows that there is a likelihood of irreparable injury and that the injunction is in the public interest.” at 1135 (internal quotation marks omitted).