Malwarebytes Prevails in Closely Watched Lanham Act Case

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The U.S. District Court for the Northern District of California granted, with prejudice, Malwarebytes’ motion to dismiss, Enigma’s Lanham Act, tortious interference, and consumer protection claims.

“This is an important victory not just for Malwarebytes but for other software and internet security companies as well. The Court’s sound and well-reasoned ruling makes clear that Enigma’s allegations are insufficient as a matter of law.” said Moez Kaba.

The action has a lengthy history. Enigma first sued Malwarebytes in New York, alleging that Malwarebytes identification of certain Enigma programs as “potentially unwanted” and “threats” violated various laws, including the Lanham Act. In 2017, the action was transferred to the Northern District of California and the Court dismissed Enigma’s claims under section 230 of the Communications Decency Act. The Ninth Circuit reversed and the Supreme Court denied cert. Hueston Hennigan took over the action on remand to the District Court, where it successfully moved to dismiss all the claims.

The Hueston Hennigan team includes Moez Kaba, John Hueston, Michael Acquah, and Spencer Schmider.

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