News & Analysis as of

Lanham Act › Bayer

Akerman LLP - Marks, Works & Secrets

En Banc Reconsideration Sought in FLANAX Case

Akerman LLP - Marks, Works & Secrets on

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

Akerman LLP - Marks, Works & Secrets

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

Akerman LLP - Marks, Works & Secrets on

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

WilmerHale

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

WilmerHale on

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

Proskauer - Advertising Law

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

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

BakerHostetler

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

BakerHostetler on

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

WilmerHale

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

WilmerHale on

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

Mintz - Intellectual Property Viewpoints

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

Mintz - Intellectual Property Viewpoints on

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

Mintz - Trademark & Copyright Viewpoints

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

Mintz - Trademark & Copyright Viewpoints on

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

Foley Hoag LLP - Trademark, Copyright &...

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

Foley Hoag LLP - Trademark, Copyright &... on

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

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide