Belmora v. Bayer Consumer Care

Petition for a Writ of Certiorari

Ronald Coleman
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In Lexmark International Inc. v. Static Control Components, Inc., 134 S. Ct. 1377, 1388-90 (2014), this Court held that the Lanham Act does not extend a cause of action to every plaintiff with Article III standing, but instead “only to plaintiffs whose interests fall within the zone of interests protected” by the statute, and only “to plaintiffs whose injuries are proximately caused by violations of the statute.”

Section 14(3) of the Lanham Act, 15 U.S.C. § 1064(3), allows certain aggrieved persons to seek cancellation of a U.S. trademark. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), creates causes of action for false association and false advertising. The courts of appeals are divided over whether these provisions extend a cause of action to foreign plaintiffs who have neither registered nor used their trademarks in the United States.

The Question Presented is:

Whether Sections 14(3) and 43(a) of the Lanham Act allow a foreign business that has neither used nor registered its trademark in the United States to sue the owner of a U.S. trademark for conduct relating to the owner’s use of its U.S. mark.

This is an appeal from the Fourth Circuit's opinion in found at 819 F.3d 697 (4th Cir. 2016).

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Reference Info: Appellate Brief | Federal, U.S. Supreme Court | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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