4th Circuit Vacates, Remands Dispute Over ‘Flanax’ Trademark

(March 24, 2016, 11:50 AM EDT) -- RICHMOND, Va. — A Virginia federal judge’s reversal of a trademark cancellation ordered by the U.S. Patent and Trademark Office (PTO)’s Trademark Trial and Appeal Board (TTAB) was vacated and remanded March 23 by the Fourth Circuit U.S. Court of Appeals, which found that under the framework of Lexmark International Inc. v. Static Control Components Inc. (134 S. Ct. 1377 [2014]), a drug maker and foreign trademark owner is authorized under Section 43(a) of the Lanham Act to bring an action against the owner of the...
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