McAfee creator seeks injunction against Intel

The creator of the McAfee antivirus computer software, John McAfee, has requested an injunction against Intel.

The request, made on Tuesday, December 13, is the latest development in the ongoing battle between McAfee and the technology company. The row began in September this year.

In early September, WIPR  reported that McAfee and MGT Capital had brought a trademark non-infringement lawsuit against Intel, claiming that use of McAfee’s name doesn’t infringe Intel’s trademark rights in the McAfee name.

McAfee joined tech firm MGT as executive chairman and CEO in May this year.

Plans were also announced to change the firm’s name to John McAfee Global Technologies.

According to the suit, MGT received a letter in June from Intel stating that the plan to change the firm’s name would result in Intel taking all necessary legal action to protect its trademark rights.

The letter also indicated that McAfee’s use of his own name for the company “would ‘suggest some affiliation or relationship’ with Intel”.

Intel acquired the McAfee company in 2010. It renamed its security products Intel Security in 2014.

Intel bit back at the non-infringement suit,  filing its amended answer to the complaint and asserting counterclaims.

In September, Intel  announced plans to form a cybersecurity company with private-equity firm TGP, called McAfee.

But these plans may need to be put on hold: McAfee has asked the court for an injunction on the deal until the trademark dispute is resolved.

If the sale were to go forward, “any judgment awarded to plaintiffs will be ineffectual”, said the memorandum in support of the injunctive motion.

McAfee requested the injunction to bar Intel from “selling, trading, assigning, leasing or otherwise transferring any alleged rights … relating to any marks, names, trade names, or entities containing the word ‘McAfee’ until the resolution of the underlying action”.