Belmora LLC v. Bayer Consumer Care AG

Dockets: 18-2183, 18-2232

Opinion Date: February 2, 2021

Judge: Floyd

Areas of Law: Business Law

Bayer filed suit against Belmora, alleging that Belmora engaged in unfair competition in violation of section 43(a) of the Lanham Act. The district court held that Bayer's section 43(a) claims were time-barred. In this case, because the Lanham Act does not include a limitations period for section 43(a) claims, the district court borrowed the statute of limitations from the most analogous state law, declining to apply the equitable doctrine of laches to those claims. The Fourth Circuit vacated the district court's judgment, concluding that the equitable doctrine of laches, rather than a statute of limitations, is the appropriate defense to Bayer's section 43(a) claims. The court also concluded that the district court failed to consider whether Bayer's related state-law claims were subject to tolling. The court remanded to the district court to determine in the first instance whether Bayer's section 43(a) claims are barred by laches and whether Bayer's related state-law claims are subject to tolling. The court affirmed the district court's judgment in all other respects.