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- Title
BELMORA LLC V. BAYER CONSUMER CARE AG: UNFAIR COMPETITION AS AN ALTERNATIVE APPROACH TO PENETRATE THE TERRITORIAL PRINCIPLE IN U.S. TRADEMARK LAW.
- Authors
Su Li
- Abstract
The article focuses on circuit split over territoriality principle of U.S. trademark law in protecting non-registered and not-in-use foreign trademarks in the U.S. It mentions decision of the U.S. Court of Appeals for Fourth Circuit in the case Belmora v. Bayer Consumer Care AG that allows foreign trademark owners to use the unfair competition clause to fight against trademark abuse. It also mentions considerations that led to diverging court decisions using both legal and empirical analysis.
- Subjects
UNITED States; TRADEMARK laws; BAYER Consumer (Company); UNFAIR competition; UNITED States. Court of Appeals (9th Circuit); TRADEMARK lawsuits
- Publication
Berkeley Technology Law Journal, 2019, Vol 34, Issue 4, p1145
- ISSN
1086-3818
- Publication type
Article
- DOI
10.15779/Z38T14TQ1R