MILLENNIUM LABORATORIES, INC. v. AMERITOX, LTD.

No. 13-56577.

817 F.3d 1123 (2016)

MILLENNIUM LABORATORIES, INC., a California corporation, Plaintiff-Appellant, v. AMERITOX, LTD., a Texas limited partnership, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed April 4, 2016.


Attorney(s) appearing for the Case

Randall E. Kay (argued), Jones Day, San Diego, CA; Craig E. Stewart and Matthew J. Silveira , Jones Day, San Francisco, CA, for Plaintiff-Appellant.

Eric D. Miller (argued), Perkins Coie LLP, Seattle, WA; Matthew F. Carmody and Michael R. Osterhoff , Perkins Coie LLP, Chicago, IL, for Defendant-Appellee.

Before: SUSAN P. GRABER and RONALD M. GOULD, Circuit Judges, and WILEY Y. DANIEL, Senior District Judge.


OPINION

Millennium Laboratories, Inc., appeals the district court's grant of summary judgment to Ameritox, LTD, on Millennium's claims of trade dress infringement under the Lanham Act and unfair competition under California Business and Professions Code section 17200. Millennium contends that: (1) the district court...

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