Another malware misattribution claim fails

PC Drivers Headquarters, LP v. Malwarebytes, Inc., 2018 WL 2996897, No. 18-CV-234-RP (W.D. Tex. Apr. 23, 2018)PC Drivers “offers software designed to help customers optimize the processing speed of their computers and identify software drivers ready to be updated.” Malwarebytes sells software that blocks various programs on its customers’ computers, including software deemed malicious or potentially unwanted (the latter of which are called PUPs). PC Drivers contends that, in January 2018, Malwarebytes inappropriately branded one or more of its programs as a PUP, which can make PC Drivers’ software inoperable and block access to PC Drivers’ website. This happened before, and when the software received certification from a newly developed third-party certifier called AppEsteem, Malwarebytes stopped labeling the programs as PUPs. PC Drivers alleged that it continues to carry AppEsteem certification and that its programs have not changed…

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