Category: Intellectual Property

BELMORA LLC v. BAYER CONSUMER CARE AG, No. 15-1335

Decided: October 27, 2015 The Fourth Circuit concluded that the district court erred in reversing the U.S. Trademark and Appeal Board’s decision to cancel Belmora’s registration for the FLANAX mark based on deceptive use, and in dismissing Bayer Consumer Care AG’s false association and false advertising claim.  Therefore the court...

HUMPHREYS & PARTNERS ARCHITECTS, L.P. v. LESSARD DESIGN, INC., NO. 14-2030

Decided: June 23, 2015 The Fourth Circuit affirmed the district court’s award of summary judgment to Defendant, Lessard Inc., on the basis that no reasonable jury could find that the two apartment designs at issue were similar.   Plaintiff, Humphreys & Partners Architects (HPA), is an architecture firm that designed...

DESIGN RES., INC. v. LEATHER IND. OF AMERICA, NO. 14-1990

Decided: June 18, 2015 The Fourth Circuit held that Design Resources, Inc. (DRI) failed to show that Defendants made false or misleading descriptions or representations of facts in commercial advertising about DRI’s leather-like product.  On that basis, the Fourth Circuit affirmed the district court in granting summary judgment for Defendants...