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June 22, 2023
|3 min read
Potential Lanham Act Reverberations: “Malicious” and “Threat” Are Statements of Fact, Not Opinion
On June 2, 2023, the Ninth Circuit overturned a district court’s dismissal of a false advertising claim brought by Enigma Software Group USA LLC under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B). Enigma’s allegations against a competitor in the computer security space, Malwarebytes, Inc. (Malwarebytes), concern Malwarebytes’ designation of Enigma’s programs as “malicious” and a “threat.”
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