Bayer's Flanax Claim 'Distorts' Lanham Act, 4th Circ. Told

Law360, New York (July 15, 2015, 4:22 PM EDT) -- The small drugmaker at the center of Bayer AG's closely watched trademark case over the foreign brand name for Aleve accused the pharmaceutical giant on Tuesday of trying to "distort the Lanham Act" by claiming rights in a name it's never used domestically.

The filing came in a Fourth Circuit case over a tricky question: whether a global company like Bayer can claim priority trademark rights to a name like "Flanax" — its decades-old Mexican brand name for Aleve — that it exclusively uses overseas.

Bayer claims Belmora LLC is using the name to trick Mexican-American consumers who are familiar with...

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