Appeal of Army Win Over Trademark Claims Mulled by Fed. Cir.

An apparel maker’s argument that the U.S. Army owes it damages because the service won’t let it use its marks as licensed trademarks was met with skepticism Wednesday by a Federal Circuit panel.

Authentic Apparel group told the U.S. Court of Appeals for the Federal Circuit’s three judges that the Army prevented it from using its marks as licensed trademarks indicating the service made or approved of its clothing products, rendering a contract requiring it to pay royalties worthless.

The U.S. government countered that the Army acted within its contractual discretion to approve or disapprove of products and advertising materials. ...