The US Supreme Court declined to review a Fourth Circuit ruling blocking Belmora’s use of the trademark Flanax in the US in a dispute with Bayer, reported Bloomberg.
The high court won’t consider to what extent foreign trademark owners can prevent registration or use of the same mark in the US. The decades-long dispute between Belmora, a small pharmaceutical company, and Bayer has centered on whether foreign trademark owners can protect their rights in the US.
Both companies claim trademark rights to the Flanax brand, which both use to sell painkillers that use the same key ingredient, naproxen sodium.
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