United States Ninth Circuit
JARROW FORMULAS, INC. v. NUTRITION NOW, INC., 01-55154
The doctrine of laches bars a manufacturer of nutritional supplements from suing its competitor for false advertising under the Lanham Act, including claims for prospective injunctive relief, when the analogous state statute of limitations has expired, and delay in filing was both unreasonable and prejudicial.
Appellate Information
- Argued 02/07/2002
- Decided 06/04/2002
- Published 06/04/2002
Judges
- O'SCANNLAIN, Circuit Judge., Before ARCHER,O'SCANNLAIN, and SILVERMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Neal T. Wiener, Beverly Hills, CA, argued the cause for the plaintiff-appellant.
- For Appellees:
- John A. Lawrence, Radcliff Frandsen Dongell & Lawrence, LLP, Los Angeles, CA, argued the cause for the defendant-appellee. Matthew Clark Bures was on the brief.