Fourth Circuit: Timeliness of § 43(a) Lanham Act Claims
Thursday, March 4, 2021 The Fourth Circuit recently overturned a district court’s decision to apply an analogous state law statute of limitations to bar a claim for false advertising under § 43(a) of the Lanham Act. In doing so, the Court held that because § 43(a) claims are “equitable in nature,” laches is the applicable timeliness rule, rather than a state law’s statute of limitations. Plaintiff Bayer owns a Mexican registration for the mark “Flanax” and sells naproxen pain relievers under that name in Mexico and various parts of Latin America. After Bayer regi...
Source: natlawreview.com