A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A U.S. District Court Judge in the Eastern District of Virginia granted Bayer AG’s motion for summary judgment, dismissing rival Belmora’s claims to the trademark FLANAX. In Mexico, Bayer uses the FLANAX mark for the popular pain medication known elsewhere as Aleve (naproxen), and successfully blocked Belmora’s attempt to market its own naproxen product under the mark FLANAX in the United States. The ruling also affirms a U.S. Trial and Appeal Board ruling that cancelled Belmora’s U.S. trademark for FLANAX, which the company secured in 2005. The United States Court of Appeals for the Fourth Circuit had previously determined that the Lanham Act authorized Bayer’s claims against Belmora for unfair competition under §43(a) and its cancellation action under §14(3).
The post International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Only Congressional Patent Reform Can Restore Constitutional Rights
- ParkerVision is Latest to Petition SCOTUS for Review of CAFC’s ‘Heavy Reliance’ on Rule 36
- Other Barks & Bites for Friday, November 8: Judge Dismisses Copyright Lawsuit Against OpenAI Filed by News Outlets; Reports Finds Record Number of Global Patent Filings; ITC Finds Semiconductor Company Infringed on Competitor’s Patent
- How Bayh-Dole Supporters Made a Successful Goal Line Stand
- How Recent Patent Damages Precedent May Increase Reasonable Royalty Awards