Millennium Laboratories wins Ninth Circuit reversal in trade dress and unfair competition litigation

Client(s) Millennium Laboratories, Inc.

Jones Day won a reversal of summary judgment for Millennium Laboratories, Inc. in a Ninth Circuit appeal of a trade dress and unfair competition dispute. Jones Day persuaded the unanimous three judge panel to reverse the district court's summary judgment ruling against Millennium in its IP case against Ameritox, Ltd. The district court had ruled that Millennium's trade dress for its diagnostic reports was functional, defeating trade dress protection. Taking over Millennium's representation on appeal, Jones Day persuaded the Ninth Circuit that the lower court erred both on the substantive trade dress law and on proper application of Rule 56 relating to summary judgment. The Ninth Circuit concluded that Millennium's graphical report format could have been presented in many ways, that Millennium's design distinguished Millennium from its competitors, and a jury could conclude that Millennium's graphical report format was not functional. The Ninth Circuit reversed the district court's decision in its entirety.

Millennium Laboratories v. Ameritox, Ltd., No. 13-56577 (9th Cir.)