Thursday, August 12, 2021

Belmora Files Petition for Writ of Cetiorari in Long-Running FLANAX Battle with Bayer

The long-running saga of Bayer v. Belmora has taken another turn. Belmora and its owner, Jamie Belcastro, have filed with the Supreme Court a Petition for a Writ of Certiorari [here], seeking review of the Fourth Circuit's decision in Belmora LLC v. Bayer Consumer Care AG, Bayer Healthcare LLC, 2021 USPQ2d 126 (4th Cir. 2021), reh’g denied, Mar. 16, 2021. [TTABlogged here].


The questions presented in the petition are—
  1. Whether, in view of the principle of trademark territoriality, the zone of interests encompassed by Lanham Act §§ 43(a) and 14(3) extends to the foreign owner of a foreign trademark that has not registered or used the mark in the United States.

  2. Whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a § 43(a) suit for false association and false advertising is governed by the most analogous state law statute of limitations, or instead, by laches.

Read comments and post your comment here.

TTABlogger comment: Marty Schwimmer and I wrote an article in 2019, entitled "US Law Inches Towards Protecting Trademark Reputation Without Use," in which we discussed some ramifications of the earlier Fourth Circuit decision deeming Bayer entitled to bring its Lanham Act claims despite never having used the FLANAX mark in the United States.

Text Copyright John L. Welch 2021.


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