Ameritox Can't Sink Rival's IP Suit Over Lab Reports' Format

Law360, New York (October 15, 2012, 4:18 PM EDT) -- A California federal judge on Friday rejected drug-testing firm Ameritox Ltd.'s bid to dismiss a trademark infringement and unfair competition suit brought by rival Millennium Laboratories Inc., saying allegations that Ameritox intentionally copied the format of Millennium diagnostic reports were adequately pled.

U.S. District Judge Michael M. Anello said Millennium had sufficiently alleged — “albeit barely” — that Ameritox had infringed on its trade dress. He rejected Ameritox's contention that Millennium failed to describe its trade dress with sufficient specificity because, among other things, the company...
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