Enigma Software Group USA, LLC v. Malwarebytes Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ENIGMA SOFTWARE GROUP USA LLC, Case No. 17-cv-02915-EJD

Plaintiff, ORDER DENYING DEFENDANT’S

RENEWED MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

MALWAREBYTES INC., Re: ECF No. 179 Defendant.

Plaintiff Enigma Software Group USA, LLC (“Enigma” or “Plaintiff”) brings this suit alleging that Defendant Malwarebytes Inc. (“Malwarebytes” or “Defendant”) wrongfully categorized Plaintiff’s cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). In the operative Second Amended Complaint (the “SAC”), Plaintiff asserts claims for (1) violations of the Lanham Act; (2) violations of New York General Business Law (“NYGBL”) § 349; (3) tortious interference with contractual relations; and (4) tortious interference with business relations. See SAC, ECF No. 140. Now pending before the Court is Defendant’s Renewed Motion to Dismiss Second Amended…