Ninth Circuit Decision Finds Side-By-Side Medical Results Charts Arguably Non-Functional and Protectable Trade Dress

Pillsbury Winthrop Shaw Pittman LLP
Contact

The Ninth Circuit recently considered whether the layout of a medical report can be protected as trade dress under the Lanham Act, or whether the layout of a report is merely functional.

The subject case, Millennium Laboratories, Inc. v. Ameritox, Ltd., is between two companies that are competitors in the medication monitoring industry. Both companies provide urine-testing services to health care providers whereby they evaluate whether patients have been taking pain medications as prescribed and whether the patients have been taking any non-prescribed drugs.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Pillsbury Winthrop Shaw Pittman LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Pillsbury Winthrop Shaw Pittman LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide