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JARROW FORMULAS, INC. v. NUTRITION NOW, INC.

No. 01-55154.

304 F.3d 829 (2002)

JARROW FORMULAS, INC., Plaintiff-Appellant, v. NUTRITION NOW, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2002.

Attorney(s) appearing for the Case

Neal T. Wiener, Beverly Hills, CA, argued the cause for the plaintiff-appellant.

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.

Before ARCHER, O'SCANNLAIN, and SILVERMAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether laches bars a manufacturer of nutritional supplements from suing its competitor for false advertising under the Lanham Act when the analogous state statute of limitations period has expired.

I

Nutrition Now, Inc. ("Nutrition Now") distributes PB8, a popular probiotic nutritional supplement designed to aid digestion. Since initial distribution in 1985, Nutrition...

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