Enigma Software Group USA, LLC v. Malwarebytes Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ENIGMA SOFTWARE GROUP USA LLC,

Case No. 5:17-cv-02915-EJD Plaintiff, ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS SECOND AMENDED COMPLAINT

MALWAREBYTES INC.,

Re: Dkt. No. 147 Defendant.

Plaintiff Enigma Software Group USA, LLC (“Enigma”) alleges that Malwarebytes Inc. (“Malwarebytes”) wrongfully categorized Enigma’s cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). In its Second Amended Complaint (“SAC”), Enigma asserts claims for (1) violations of the Lanham Act, (2) violations of New York General Business Law § 349, (3) tortious interference with contractual relations, and (4) tortious interference with business relations. Dkt. No. 140. Malwarebytes moves to dismiss the SAC, asserting that because Enigma’s allegations…