The case highlights an ongoing battle between firms that distribute spyware or adware, and those that offer the tools to detect and remove it.
In many cases the distributing firms have protested their inclusion in security blacklists, and have threatened court action for misrepresentation and trade mark dilution unless mention of their software is removed from detection programs.
Some of Hotbar’s programs are included on Symantec’s database, inclusions that Hotbar has fought against since July 2004, according to reports.
But Symantec has refused to comply with requests to amend its database and yesterday announced that it had taken its own court action, asking the US District Court for the Northern District of California for a ruling that the relevant Hotbar program files are indeed adware and can be treated as computer security risks.
It is seeking no damages in connection with the suit.
“By asking the court for clarification on this issue in our favour, we hope to continue alerting our customers about the presence of these program files, protecting them against possible security risks," said Joy Cartun, senior director of legal affairs for Symantec. "Through this effort, we're trying to ensure that our customers have more control over the programs that run on their computers."
Hotbar.com has made no comment so far.
