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 registered trademark FLANAX on the grounds that Belmora’s use of that mark deceives consumers into believing that its FLANAX pain relief product is from the same source as the FLANAX product that Bayer has sold in Mexico for over four decades.
Originally published in Bloomberg BNA’s Patent, Trademark & Copyright Journal, 91 PTCJ 561 - January 1, 2016.
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