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.
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