News & Analysis as of September 22, 2024

Trademarks › Bayer

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers

MoFo Life Sciences on 12/14/2022

In two recent landmark decisions, Novartis v. Abacus (C‑147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union (CJEU) strengthened the position of drug manufacturers against repackaging...more

En Banc Reconsideration Sought in FLANAX Case

Akerman LLP - Marks, Works & Secrets on 5/17/2016

Belmora LLC filed a petition for reconsideration en banc of the Fourth Circuit’s FLANAX decision in Belmora LLC v Bayer Consumer Care AG, Appeal No. 15-1335 (4th Cir. March 23, 2016). As we previously have blogged...more

FLANAX: Protecting Foreign Marks from US Unfair Competition Under Section 43(a)

Akerman LLP - Marks, Works & Secrets on 4/18/2016

In today’s increasingly global economy, trademark owners are more frequently butting up against the territorial limitations of trademark law. It has long been a matter of black letter law that trademark rights are...more

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

Proskauer - Advertising Law on 4/1/2016

Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

Fourth Circuit Holds No Use in the U.S. Required to Bring Claims Under the Lanham Act

BakerHostetler on 4/1/2016

On March 23, 2016, the Fourth Circuit reversed the district court’s decision in Belmora LLC v. Bayer Consumer Care AG, 84 F. Supp. 3d 490 (E.D. Va. 2015) and remanded the case....more

Bayer Given a Headache by Trial Court Decision in FLANAX US Trademark Dispute

Mintz - Intellectual Property Viewpoints on 3/3/2015

On February 6, 2015, a US District Court issued a ruling which underscores the territorial nature of trademark rights and the need to seek formal protection for your marks where possible in all countries of interest. The US...more

The Court’s Decision in the FLANAX US Trademark Dispute Gives Bayer a Headache

On February 6, the United States District Court for the Eastern District of Virginia reversed the US Trademark Trial and Appeal Board’s ruling in Bayer Consumer Care AG v. Belmora LLC, 110 USPQ2d 1623 (TTAB 2014) holding that...more

Trademark Review - Flanax, What Your Heart Desires and Tourbillon (May 2014)

Knobbe Martens on 6/2/2014

TTAB Cancels Registration for a Mark Found to Misrepresent Source of the Goods - Bayer, the maker of ALEVE brand naproxen sodium pain reliever in the U.S., sells the same product in Mexico under the mark FLANAX. Bayer...more

Flummoxed By FLANAX: TTAB Cancels Trademark Registration Based On Misrepresentation As To Source Despite No Use In U.S. By...

In an interesting precedential decision, the Trademark Trial and Appeal Board (TTAB) canceled a registration for FLANAX despite the fact that the petitioner, Bayer Consumer Care AG, did not use FLANAX in the United States,...more

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Trademarks › Bayer

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