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Belmora LLC v. Bayer Consumer Care AG

Certiorari Denied

Petition for certiorari denied on November 15, 2021.

Docket No.21-195
Op. Below4th Cir.

Issue

(1) Whether, in view of the principle of trademark territoriality, the zone of interests encompassed by Lanham Act Sections 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; and (2) whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a Section 43(a) suit for false association and false advertising is governed by the most analogous state-law statute of limitations, or instead, by laches.

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