Luminati Networks, Ltd. v. Trend Micro, Inc.

Case No.: 19CV347274    

I. Background

Plaintiff Luminati Networks, Ltd. (“Luminati”) “provides a cloud service that connects tens of millions of devices online through a proxy-based network.” (Compl., ¶ 7.) Luminati claims defendant Trend Micro, Inc. (“TMI”) published a defamatory report about its “proxy network” in an effort to promote TMI’s own cybersecurity services. 1 (Compl., ¶ 1.) In particular, TMI accused Luminati of posing a security risk by hosting traffic from fraudsters, hackers, and criminals, including a group of individuals (known as the KlikVip gang) who distributed malware. According to Luminati, TMI published the report despite being notified in advance of a number of inaccuracies in it. TMI has also harmed Luminati and business partner Hola by using the antivirus software it makes to block customers from installing and using Hola’s VPN application on their devices. Luminati asserts causes of action against TMI for: (1) defamation per se; (2) defamation per quod; (3) trad........