e. The Financial Benefit of "Draw"
Plaintiffs have also been held to receive a financial benefit from the "draw" infringement creates toward their business, and investors and lenders should take note. In Fonovisa, Inc. v. Cherry Auction, Inc., n249 the Ninth Circuit held that the plaintiffs stated a claim for vicarious copyright infringement against the defendant swap meet owners where they had control at the site and where the sale of pirated recordings at the swap meet was a "draw" for customers. n250 The rule comes implicitly from the early "dance hall cases" in which infringements of popular songs by bands drew customers to the dancing establishment. n251 In addition to the use in swap and flea market cases, n252 courts have recognized the draw financial benefit in the online context n253 and with regards to physical products. n254 The use of [*122] draw as a sufficient financial benefit seems fair, considering that there is a relationship between the activities of the counterfeiter and the overall success of the third party's business. The "draw" might be stretched to investors and lenders where it can be proved that their action of financing the direct infringer created a "draw" for other targets to come to the investor or creditor, bringing money to the third party via the other customers.