United States Fourth Circuit

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Belmora v. Bayer Consumer Care AG, 15-1335

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In an international trademark action between two companies selling naproxen sodium pain relievers in Mexico under the name FLANAX, plaintiff Belmora with a U.S. trademark and defendant Bayer with a Mexican trademark, the district court's reversal of the cancellation of plaintiff's U.S. trademark and dismissal of defendant's false association and false advertising claims is vacated and remanded where Bayer is entitled to bring its unfair competition claims under section 43(a) and its cancellation claim under section 14(3) of the Lanham Act.

Appellate Information

  • Decided
  • Published 2016/03/23

Judges

  • AGEE

Court

  • United States Fourth Circuit

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