Walker

ORDER DENYING DEFENDANT’S MOTION TO DISMISS [22]

I. INTRODUCTION

Can a website’s design constitute pro-tectable trade dress under the Lanham Act? If so, under what circumstances? The Court must squarely confront these issues and others in this Motion to Dismiss filed by Defendant W4, LLC.

This action arises out of W4’s alleged misappropriation of Plaintiff Lepton Labs, LLC’s trade-secret and trade-dress infor *1234 mation relating to AllDaySlim, a dietary supplement sold by Plaintiffs. Plaintiffs allege that W4 disclosed this confidential information to Defendants Gulf Rayz Media, LLC and Andrew Jensen for their use in developing a nearly identical website for SlimBlastFast — a competing product — notwithstanding W4’s exclusive marketing agreement with Lepton Labs. The Court finds that Plaintiffs may allege protectable trade dress in their website design and that they have also stated actionable claims for contributory trade-dress infringement, unfair competition, and fraud. The Court thus DENIES W4’s Motion to Dismiss. 1 (ECFNo.22.)

II. FACTUAL BACKGROUND

Lepton Labs specializes in dietary supplements and has created the supplement called AllDaySlim. (FAC ¶ 3.) Plaintiffs…