Theodosakis

Theodosakis v. Contract Pharmacal Corp.

Good Law
172 F. App'x 772
United States Court of Appeals for the Ninth CircuitMarch 28, 2006No. 05-15491California426 words

Opinion

Lead Opinion

MEMORANDUM *

Dr. Theodosakis brought this action alleging false endorsement, trade dress infringement, unfair competition, and false designation of origins in violation of the Lanham Act, 15 U.S.C. § 1125 (a), and invasion of privacy, seeking an accounting. Dr. Theodosakis based his claims on a set of labels and other displays used by defendants Walgreen and Pecos to market nutritional supplements that contained compounds touted in Dr. Theodosakis’s bestselling books on treating arthritis. The district court did not consider the merits of these claims, ruling the action barred by both the statute of limitations and laches. We agree that under either approach, summary judgment was proper.

The Lanham Act does not contain its own statute of limitations provision, but the general rule in the absence of such a provision in a federal statute is to borrow the most analogous statute of limitations from state law. See Polar Bear Prods., Inc. v. Timex Corp., 384 F.3d 700 , 720 n. 17 (9th Cir.2004); Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829, 836-37 (9th Cir.2002). The district court properly granted summary judgment against Dr. Theodosakis’s claims regardless of which…

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