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

Mintz - Intellectual Property Viewpoints
Contact

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 District Court for the Eastern District of Texas reversed the US Trademark Trial and Appeal Board’s ruling in Bayer Consumer Care AG v. Belmora LLC which held that the Paris Convention does not grant trademark rights that are protectable under certain Sections of the United States Trademark Statute (the Lanham Act).  The District Court’s decision allows Belmora LLC’s US trademark registration for FLANAX to stand even though Bayer holds trademark protection for FLANAX for a very similar product.  Bayer’s registration of FLANAX is in Mexico and its similar product in the US is marketed under the brand Aleve.

 

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.

© Mintz - Intellectual Property Viewpoints | Attorney Advertising

Written by:

Mintz - Intellectual Property Viewpoints
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Mintz - Intellectual Property Viewpoints on:

Reporters on Deadline

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide