The 9th circuit uses a sliding-scale version of the preliminary injunction test. Because hiQ has more at stake, all hiQ needs is a serious question in this case, not a likelyhood of success on the merits.
It still might be case that hiQ has less than a 50% chance of winning in the eyes of the appeals court.
It still might be case that hiQ has less than a 50% chance of winning in the eyes of the appeals court.