This Case Keeps Wrecking Internet Law–Enigma v. Malwarebytes
Technology & Marketing Law Blog
JUNE 23, 2024
After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Bolger Factor 1: Advertising the first Bolger factor—whether the statements are an advertisement—to fall slightly in favor of the conclusion that the challenged designations are commercial speech.
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