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Perkins Coie Client Ameritox Beats Millennium Laboratories in Trade Dress Claim

Thursday, September 26, 2013

Court Grants Motion for Summary Judgment

Judge Michael M. Anello of the United States District Court of the Southern District of California in Millennium Laboratories, Inc. V. Ameritox, Ltd. [Case 3:12-cv-01063-MMA-JMA Millennium Laboratories, Inc. v. Ameritox, Ltd. Order on Motion for Miscellaneous Relief] concluded that Millennium’s “asserted trade dress” infringement claim against Ameritox in the presentation format of drug test reports was not persuasive and Millennium, therefore, “is not entitled to trade dress protection.” In his decision, which was unsealed on September 19, Anello granted Ameritox’s motion for summary judgment immediately closing the case.

“Judge Anello’s order granting summary judgment before discovery was completed is a resounding victory for Ameritox,” said Mike Osterhoff, the lead Perkins Coie counsel representing Ameritox. “Millennium accused Ameritox of committing trade dress infringement under the Lanham Act and of unfair competition under the California Business & Professions Code by allegedly copying the format of Millennium’s diagnostic reports. We’re very gratified that the Court agreed with us that Millennium’s claims were flawed.”

Ameritox and Millennium both offer urine drug testing and medication monitoring services to doctors who prescribe medications for chronic pain and want to periodically monitor their patients to determine whether their patients may be abusing the painkillers. In the law suit, Millennium asserted that Ameritox had mimicked the graphs used in the diagnostic reports sent by Millennium to physicians showing the results of drug testing.

From Judge Anello’s order:

“There is no genuine issue of material fact regarding Millennium’s trade dress claim. Even when viewed in the most favorable light, the admissible evidence submitted by Millennium fails to suggest the alleged trade dress is nonfunctional.” Judge Anello also ruled that additional discovery would not matter and closed the case immediately.

About Perkins Coie:

Founded in 1912, Perkins Coie has more than 900 lawyers in 19 offices across the United States and Asia. We provide a full array of corporate, commercial litigation and intellectual property legal services to a broad range of clients, from FORTUNE 50 corporations to small, independent start-ups, as well as public and not-for-profit organizations. For more information, please see

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