In Millennium Laboratories Inc. v. Ameritox Ltd., Southern District of California judge Michael M. Anello refused to dismiss a trademark infringement and unfair competition suit against drug-testing firm Ameritox Ltd. Millennium Laboratories Inc., Ameritox’s competitor, filed the action alleging that Ameritox intentionally copied Millennium’s diagnostic report format. The reports are used to notify physicians of the results of drug testing. Because of the similarity in the appearance of the reports, Millennium contended, doctors could mistakenly conclude that Ameritox offered the same services as Millennium.
Although it described the infringement allegations as “barely” adequate, the court allowed the case to move forward on the ground that Ameritox infringed the plaintiff’s trade dress. An image of the allegedly infringed trade dress, according to the court, was not necessary to survive the motion to dismiss, nor was a more definite statement. As Judge Anello explained, the plaintiffs alleged “the essential characteristics of its trade dress, and the necessary elements of a trade dress infringement claim.”