Facts

Millenium Laboratories Inc. filed suit against Ameritox Ltd., alleging that Ameritox infringed its trade dress. Both Millenium and Ameritox provided medication monitoring services by testing urine samples for doctors. The urine samples helped doctors monitor the drug levels in their patients, especially for pain medications.

In 2011, Ameritox released a new form of its drug test reports. Shortly thereafter, Millenium also updated its reports, adding two new graphs.

In 2012, Ameritox also began including similar graphs in its drug test reports.

PLAINTIFF'S CONTENTIONS:
Millenium argued that Ameritox's new report infringed its trade dress and violated the California unfair competition law.

DEFENDANT'S CONTENTIONS:
Ameritox denied Millenium's allegations, arguing that there was no trade dress protection because the reports were functional and not protectable.

Ameritox also argued that it was entitled to attorney fees, because Millenium's case had been groundless and unreasonable.

Result

The court granted Ameritox's motion for summary judgment for lack of nonfunctionality, finding that Millenium's trade dress was functional. However, the court also denied Ameritox's request for attorney fees.