Belmora LLC v. Bayer Consumer Care AG and Bayer Healthcare LLC, 1:14-cv-00847-GBL (EDVA Feb. 6, 2015).
We represented Belmora, a Virginia pharmaceutical business, in its successful defense against a major pharmaceutical company seeking to cancel Belmora’s registration and to enjoin its use of its flagship mark. After an adverse decision before the Trademark Trial and Appeal Board, we were retained by Belmora to appeal to the Eastern District of Virginia. In the de novo proceeding, the adverse party added claims - alleging infringement of an unregistered mark and false advertising under the Lanham Act (as well as related state claims). In a case of first impression, Judge Gerald Bruce Lee dismissed all counts, holding that claimant had no standing to bring claims under the Lanham Act based solely on its alleged “substantial goodwill” and/or “fame” of its Mexican trademark, as long as it did not make use of its trademark in U.S. Commerce.
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