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Taking Care of Article 6bisness: How Belmora LLC V. Bayer Consumer Care AG Made The Well-Known Mark Doctrine Inevitable In The U.S.

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dc.contributor.author Wei, Gwen
dc.date.accessioned 2018-04-19T14:47:46Z
dc.date.available 2018-04-19T14:47:46Z
dc.date.issued 2018-04
dc.identifier.citation 12 WASH. J.L. TECH.& ARTS 501 (2017) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1793
dc.description.abstract Abstract: In Belmora LLC v. Bayer Consumer Care AG, the Fourth Circuit held that a foreign company with no U.S. federal trademark registration for "FLANAX" could nevertheless demand cancellation of its competitor's U.S. trademark for "FLANAX". This holding circumvented Article 6bis of the Paris Convention, a provision which protects trademark owners in signatory countries by way of the well-known mark doctrine. Following Belmora's precedent would allow foreign trademark owners to bypass the U.S.'s existing trademark registration system and so undermine U.S. trademark law's central principle of territoriality. This Article argues that Article 6bis is critical to asserting substantive rights on behalf of foreign trademark owners in the U.S. Part I of this Article reviews the history and common criticisms behind the well-known mark doctrine. Part II balances the doctrine against trademark territoriality and applies its resulting theory to the Belmora decision. Part III reviews theories for reform and argues that where unfair competition law conflicts with a foundational trademark principle such as territoriality, trademark principles should triumph. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.title Taking Care of Article 6bisness: How Belmora LLC V. Bayer Consumer Care AG Made The Well-Known Mark Doctrine Inevitable In The U.S. en_US
dc.type Article en_US
dc.rights.holder Copyright Gwen Wei en_US


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