WORTHINGTON v. ANDERSON

No. 03-4233.

386 F.3d 1314 (2004)

Gary WORTHINGTON; Colleen Worthington, Plaintiffs-Appellants, v. Robert Michael ANDERSON; Robert Henry Anderson; Kneaders Bakery, LC; Bakers # 1, LC; Kneaders (Heber City); Kneaders # 1; Bakers # 2, LC; Kneaders (Payson); Bakers # 3, LC; Kneaders (American Ford); Bakers # 4, LC; Kneaders (Draper), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 13, 2004.


Attorney(s) appearing for the Case

Submitted on the briefs: Stephen Quesenberry and J. Bryan Quesenberry of Hill, Johnson & Schmutz, L.C., Provo, UT, for Plaintiffs-Appellants.

John P. Ashton and James W. McConkie III of Prince, Yeates & Geldzahler, Salt Lake City, UT, for Defendants-Appellees.

Before HARTZ, McKAY, and PORFILIO, Circuit Judges.


PORFILIO, Circuit Judge.

In this appeal, we consider the scope of the "unclean hands" defense to an action for trademark infringement.1 Appellants Gary Worthington and Colleen Worthington appeal from the district court's order dismissing, after a bench trial, their action against the defendants for federal and common law trademark infringement, deceptive trade practices, misrepresentation and false designation of origin under the Lanham...

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