BELMORA LLC, Plaintiff-Appellee,
v.
BAYER CONSUMER CARE AG, a Swiss Corporation; Bayer Healthcare LLC, a Delaware Limited Liability Company, Defendants-Consolidated Plaintiffs-Appellants,
v.
Belmora LLC, a Virginia Limited Liability Company; Jamie Belcastro, an individual, Consolidated Defendants-Appellees, and
Does, 1-10, inclusive, Consolidated Defendants.
United States of America, Amicus Supporting Appellant.
Belmora LLC, Plaintiff-Appellant,
v.
Bayer Consumer Care AG, a Swiss Corporation; Bayer Healthcare LLC, a Delaware Limited Liability Company, Defendants-Consolidated Plaintiffs-Appellees,
v.
Belmora LLC, a Virginia Limited Liability Company; Jamie Belcastro, an individual, Consolidated Defendants-Appellants, and
Does, 1-10, inclusive, Consolidated Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 26, 2020.
Decided: February 2, 2021.
Attorney(s) appearing for the Case
ARGUED: Jessica Andrea Ekhoff , PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON LLP, Chicago, Illinois, for Appellants/Cross-Appellees. Lewis Yelin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States of America. Joel Geoffrey MacMull , MANDELBAUM SALSBURG, PC, New York, New York; Ronald David Coleman , DHILLON LAW GROUP, New York, New York, for Appellees/Cross-Appellants. ON BRIEF: Phillip Barengolts , Bradley L. Cohn , PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON LLP, Chicago, Illinois; Robert J. Shaughnessy , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellants/Cross-Appellees. Craig C. Reilly , LAW OFFICES OF CRAIG C. REILLY, Alexandria, Virginia, for Appellees/Cross-Appellants. Joseph H. Hunt , Assistant Attorney General, Mark R. Freeman , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Thomas S. Krause , Solicitor, Christina J. Hieber , Associate Solicitor, Mary Beth Walker , Associate Solicitor, Benjamin T. Hickman , Associate Solicitor, UNITED STATES PATENT AND TRADEMARK OFFICE, Alexandria, Virginia; G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Amicus United States of America.
Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge Floyd wrote the opinion, in which Judge Agee and Judge Thacker joined.
FLOYD, Circuit Judge:
This appeal arises out of an action brought by Bayer Consumer Care AG (Bayer) alleging that Belmora LLC (Belmora) engaged in unfair competition in violation of § 43(a) of the Lanham Act. The district court held that Bayer's § 43(a) claims were time-barred. Because the Lanham Act does not include a limitations period...
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