Lavasoft

MEMORANDUM AND ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION

I.

INTRODUCTION

This case presents a dispute between Plaintiff New.net, Inc., a company that downloads software to individual computers through the internet, often without the knowledge or request of the computer user, and Lavasoft, which produces and distributes software that locates programs like the one written by New.net, notifies computer users of their presence, and, if requested, removes these programs from the user’s hard drive. Through this litigation, New.net, whose business ultimately “depends on its ability to distribute as many copies of [its] software as possible,” seeks an order that Lavasoft cease distributing its software or delete New.net’s software from its target list. New.net complains that Lavasoft has: (1) unfairly targeted and has mislabeled New.net’s software; (2) inaccurately associated New. net’s software with “the worst of the worst” internet downloaders; and (3) recommended to computer users that New. net’s program be uninstalled. This activity, according to New.net, constitutes false advertising, unfair competition, common law trade libel, and tortious interference with prospective…