Enigma Software Group USA, LLC v. Malwarebytes, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ENIGMA SOFTWARE GROUP No. 21-16466

USA, LLC,

Plaintiff-Appellant, D.C. No. 5:17-cv-02915- v. EJD

MALWAREBYTES, INC.,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted November 8, 2022 Portland, Oregon

Filed June 2, 2023

Before: Richard R. Clifton and Patrick J. Bumatay, Circuit Judges, and M. Miller Baker,* International Trade Judge.

Opinion by Judge Clifton; Concurrence by Judge Baker; Dissent by Judge Bumatay

* The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. 2 ENIGMA SOFTWARE GRP. USA, LLC V. MALWAREBYTES, INC.

SUMMARY**

Lanham Act

The panel affirmed in part and reversed in part the district court’s judgment dismissing a lawsuit brought by Enigma Software Group USA LLC, a computer security software provider, against its competitor Malwarebytes, Inc. for designating its products as…