Ozimals filed a DMCA takedown notice to Linden Research, the makers of Second life, claiming that Amaretto's horse infringed on their bunnies and demanding their removal.

Consequently, Amaretto responded with a counter-DMCA notice and applied to the court for a temporary restraining order to forbid Linden Research from removing their virtual horses.

Amaretto Ranch Breedables sells virtual horses which can also be purchased and raised in a similar fashion.

[3] Amaretto sued for a temporary restraining order and preliminary injunction barring Linden Research, the operator of Second Life, from removing their products.

[3] Amaretto did not directly copy Ozimal's source code, and the idea of a growing virtual animal that could be fed and raised is not copyrightable.

[4] Furthermore, even if they were to litigate, had the takedown occurred, Amaretto would have lost a significant number of potential customers by missing out on the prime buying season.

[1] Judge Breyer granted Amaretto the temporary restraining order against Linden Research from removing their horses until the preliminary injunction ruling.