November 3, 2017
Authored and Edited by Paula E. Miller; B. Brett Heavner
In Belmora v. Bayer Consumer Care, 819 F.3d 697 (4th Cir. 2016), cert. denied, 137 S. Ct. 1202 (2017), the Fourth Circuit vacated the district court’s judgment, agreeing with Bayer that its well-known use of the mark FLANAX in Mexico, but not in the US, gave it standing to bring an unfair competition claim for unauthorized use of the brand. Though Belmora owns the FLANAX mark in the United States, and has used it in the sale of its naproxen sodium pain relievers, the Fourth Circuit found “trademark rights do not include using the mark to deceive customers as a form of unfair competition, as is alleged here.” Further discussion of the decision can be found on Finnegan’s INCONTESTABLE® Blog.
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