Los Angeles - Hulk Hogan's sex tape will remain on Gawker.
The former wrestler has lost his bid for a temporary restraining order against the website - which is currently showing a one minute and 40 second snippet of his intimate encounter with Heather Clem - but a hearing on his request for an injunction will take place on 8 November.
According to E! News, US District Court Judge James D Whittemore said: "Upon consideration, Plaintiff has failed to show that immediate and irreparable injury, loss or damage will result before Defendants can be heard in opposition."
'Illegal and outrageous'
Hulk, whose real name is Terry Bollea, is seeking $100m in damages from Gawker as well as unspecified damages from his former best friend Bubba the Love Sponge and Bubba's ex-wife Heather for recording him without permission.
The TNA IMPACT Wrestling star's lawyer said the actions of those involved in leaking the tape were "illegal, outrageous, and exceeded the bounds of human decency".
The lawyers were also calling for any copies of the tape to be handed over to them to be destroyed forever.
Gawker has previously said it received the footage on a burned DVD from an anonymous source who wanted no payment for it.