For our weekly SoCal IP Institute meeting on Monday, October 7th, 2019, we will discuss the following cases:
Enigma Software Group USA, LLC v. Malwarebytes, Inc (9th Cir. 2019) (Here)
Enigma Software and Malwarebytes both made computer software that helped users block unwanted content. Enigma alleged that Malwarebytes made its software block Enigma’s software and thus divert customers away from Enigma. § 230 of the Communications Decency Act immunizes certain software providers from liability when taking actions to help users block certain content or is “otherwise objectionable.” The 9th circuit held that the phrase “otherwise objectionable” does not include software that the provider finds objectionable for anticompetitive reasons. But when it came to the intellectual property claims alleged in the suit, the 9th Circuit ruled § 230 does not apply because the false advertising claim did not relate to trademarks or other IP.
Kiva Health Brands LLC v. Kiva Brands Inc. et al (N.D. Cal. 2019) (Here)
Plaintiff Kiva Health Brands makes natural foods and health supplements, Kiva Brands Inc. makes cannabis infused foods (edibles). Litigation ensued as to who had the rights to use the mark KIVA. Both parties filed multiple motions including a motion for preliminary injunction, motion to dismiss counterclaims, and cross motion for preliminary injunction. The court denied most of the motions but granted KHB’s motion to dismiss two counterclaims in light of the fact KBI manufactured illegal products under federal law.
All are invited to join us on Monday October 7th, 2019 at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.