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Unfair Competition Claim for Drug-Name Use (access required)

In this Lanham Act case asserting un­fair competition in the use of the “Fla­nax” trademark for pain medication sold in the U.S. and in Mexico, the 4th Circuit says Bayer is entitled to bring its unfair competition claims under Lanham Act § 43(a) and its challenges to cancella­tion of a trademark under § 14(e); the ...

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