Attorneys’ Fees Appeal in False Ad Case Too Late, 9th Cir. Says

Nutrition Distribution LLC’s appeal of a judgment denying Lanham Act attorneys’ fees was untimely, despite being in time to challenge a later ruling on a separate attorneys’ fees motion, the Ninth Circuit said Tuesday.

ND won an injunction in its case against IronMag Labs LLC for falsely advertising nutritional supplements as having no “toxicity” or “unwanted side effects.” In the same judgment, the U.S. District Court for the Central District of California denied ND’s request for attorneys’ fees under the Lanham Act.

ND didn’t appeal, but filed a separate post-judgment motion for attorneys’ fees. The court denied the motion, and ...