Enigma Software Group USA LLC v. Malwarebytes Inc.
Published: Dec. 1, 2017 | Result Date: Nov. 7, 2017 |Case number: 5:17-cv-02915-EJD Bench Decision – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Eric A. Prager
(K&L Gates LLP )
Theodore J. Angelis
(Preston Gates & Ellis)
Eric Randolph Ian Cottle
(K&L Gates LLP )
Christopher M. Verdini
(K and L Gates LLP )
Anna Shabalov
(K and L Gates LLP )
Terry Budd
(Budd Law PLLC )
Edward P. Sangster
(K&L Gates LLP )
Defendant
Guinevere L. Jobson
(Fenwick & West LLP )
Liwen A. Mah
(Fenwick & West LLP )
Sapna Mehta
(Fenwick & West LLP )
Tyler G. Newby
(Fenwick & West LLP)
Bradley T. Meissner
(Fenwick and West LLP )
Facts
Both Enigma Software Group USA LLC and Malwarebytes Inc. were providers of protection against harmful internet computer software.
Contentions
PLAINTIFF'S CONTENTIONS: Malwarebytes software began blocking Enigma's software for its users, even though, as Enigma asserted, the software was not harmful to its user's computers. Plaintiff claimed Malwarebytes violated the false advertising provision of the Lanham Act. Malwarebytes' actions also comprised tortious interference with contractual relations and business relations. Plaintiff argued that Immunity under the Communications Decency Act did not apply because Malwarebytes did not act in good faith, and that the underlying software did not apply to the types of materials justifying immunity.
DEFENDANT'S CONTENTIONS: Defendant argued that the Communications Decency Act barred all of Enigma's claims.
Result
The court found in favor of the defense.
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