When a preliminary injunction is granted, does the bright line rule apply?

When such a bright-line rule does not apply, we must conduct a fact-specific assessment of the circumstances in individual cases. In particular, when the proceedings involve something more than a cursory denial of a temporary restraining order, but less than a grant of a preliminary injunction, we have considered in detail the history of the specific case. For instance, we have held that an "extended evidentiary hearing on the question of a preliminary injunction constituted a substantive proceeding on the merits," even though the preliminary injunction was not ultimately granted. Adultworld Bookstore v. City of Fresno , 758 F.2d 1348, 135051 (9th Cir. 1985).