The leading Hispanic Medical Organization Files Amicus Brief to the Supreme Court To protect Hispa's health by Hispagay Americans In The Name of Theirpany, AMICus presented to Supreme Judge the Great Court
The National Hispanic Medical Association (NHMA), which supports more than 50,000 licensed Histopathic physicians in the United States, filed an amicus brief to the Supreme Court. This brief supports review in Texas, which has been Belmora LLC v. Bayer Consumer Care AG. Bayer Healthcare LLC is the owner of a Bay-based health facility. NHMA is a non-profit organization that wants to improve the health of Hispanic Americans. He works closely with the White House, Congress, federal agencies and the private sector to fulfill his mission.
Belmora is a small pharmaceutical company, in Virginia that sells and sell the flanax, an over-the-counter pain-reliever product that's FDA-approved, and is known for its high-performance Belmora Flanax is a popular analgesic product in Hispanic-American communities. It's sold at over 155,000 retail outlets in over 40 states. And unlike Aleve, Belmora's Flanax Pain Reliever Tablets have unique bilingual packaging and labeling for Spanish-speaking consumers.
One of the biggest obstacles that can hinder Hispanic communities to find quality health care are trust and language barriers, said Ivn Resendiz Gutierrez, a lawyer for the NHMA. "Belmora's Flanax for many years has provided both Spanish-speaking consumers in the US."
Belmora obtained a trademark registration for the FLANAX name in 2005. Seven months later, Bayer Consumer Care AG, a Swiss subsidiary of its German subsidiary, the Bayers AG acquired the Mexican FLANAX trademark from Hoffmann-La Roche. In 2007, Bayer Consumer Care AG began pursuing the Lanham Act (the federal trademark statute), which if successful, would prevent Belmora from competing with Bayers Aleve for Spanish-speaking consumers in the United States. Bayer has already persuaded the U.S. Patent and Trademark Office to cancel Belmora's registration for the FLANAX trademark. Bayer claims in federal court cases that Belmora used the FLANAX name in the US in unfair competitioneven though Bayers' Mexican Flanax cannot be legally sold here.
In its brief, NHMA addressed "the principle of trademark territoriality encompassed by the Lanham Act and whether it extends to the foreign owner of a foreign trademark that hasn't registered or used the mark in the The answer to that question could have serious health and welfare implications for Hispanics in the U.S. and have profound impact on how His panic purchases drugs and other products in this country.
NHMA maintains that the Supreme Court should grant Belmora's petition to (1) answer the trademark territoriality questions divided at least four federal circuit courts of appealsthe Second, Fourth, and Federal Circuits; (2) provide U
"Competition led a U.S.-based company to adopt.a creative and inclusive marketing strategy to better serve the Hispanic community." The NHMA brief says that if the Fourth Circuit is allowed to stand, a large, fast-growing community will be legally denied securing naive, effective product in their native tongue.
The N.H.'s counsel, Ivn Resendiz Gutierrez of Miller Nash LLP, in Portland, Oregon, and Belmora''-s Supreme Court counsel Lawrence Ebner, LLC in Click here for the full text of the amicus brief.
For more information, contact: Ivn Resendiz Gutierrez (503) 205-2377Lawrence Ebner (202) 729-6337, For More Information, Contact:
SOURCE Belmora LLC SURCE.