Bayer Lacks Standing To Dispute 'Flanax' Trademark

Law360, Los Angeles (February 6, 2015, 8:24 PM EST) -- Bayer AG doesn't have standing to bring a trademark proceeding against a small drug company using the name "Flanax" for painkillers it sells in the U.S. because Bayer calls the drug "Aleve" in the U.S., a Virginia federal judge ruled Friday.

U.S. District Judge Gerald Bruce Lee reversed the Trademark Trial and Appeal Board's April decision canceling drugmaker Belmora LLC's registration for Flanax, which it used to brand naproxen sodium-based bills and other products, according to the decision. Judge Lee found that Bayer didn't have standing to bring the claim because it doesn't hold a mark for Flanax in the U.S.,...

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