Mealey's ( June 6, 2023, 10:25 AM EDT) -- PORTLAND, Ore. — For the second time, the Ninth Circuit U.S. Court of Appeals overturned the dismissal of an antivirus software company’s Lanham Act claim against a competitor, finding the defendant’s labels of “malicious” and “threats” for the plaintiff’s products to be statements of objective fact that could potentially support a false advertising claim, rather than “non-actionable statements of opinion,” as a trial court held....