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9th U.S. Circuit Court of Appeals

Jun. 5, 2023

False advertising claim against Malwarebytes revived

Senior 9th Circuit Judge Richard R. Clifton wrote for the majority that Enigma’s allegations are sufficient to state a claim.

A divided 9th U.S. Circuit Court of Appeals panel on Friday revived a Lanham Act false advertising case filed by a competitor against a Santa Clara company that makes anti-malware software.

The panel revived the bulk of the claims by a Florida anti-malware company, Enigma Software Group USA LLC, sending it back for a second time in four years to U.S. District Judge Edward J. Davila in San Jose.

Senior 9th Circui...

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