Legal Opinion

Belmora LLC v. Bayer Consumer Care AG

Court of Appeals for the Fourth Circuit

Decided March 23, 2016No. 15-1335PublishedCited by 107 opinions

1Opinion of the Court

Vacated and remanded by published ■ opinion. Judge AGEE - wrote the. opinion, in which Judge FLOYD and Judge THACKERjoined.

AGEE, Circuit Judge:

In this unfair competition case, we consider whether the Lanham Act permits the owner of a foreign trademark and its sister company to pursue false association, false advertising, and trademark cancellation claims against the owner of the same mark in the United States. Bayer Consumer Care AG (“BCC”) owns the trademark “FLANAX” in Mexico and has sold na-proxen sodium pain relievers under that mark in Mexico (and other parts of Latin America) since the…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  3. Russello v. United StatesSupreme Court of the United States · 1983
  4. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.Court of Appeals for the Fourth Circuit · 2011
  5. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992

14 more not listed; retrieve them via the Exa API.

3Cited by107 opinions

  1. Brilliant Semenova v. MD Transit AdministrationCourt of Appeals for the Fourth Circuit · 2017
  2. Krakauer v. Dish Network, L. L.C.Court of Appeals for the Fourth Circuit · 2019
  3. Chargepoint, Inc. v. Semaconnect, Inc.Court of Appeals for the Federal Circuit · 2019
  4. Brennan v. Deluxe Corp.District Court, D. Maryland · 2019
  5. Pulte Home Corporation v. Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 2018

102 more not listed; retrieve them via the Exa API.

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