Clerical Error In Trademark Act Applies To Old Cases: TTAB

Law360, New York (February 19, 2013, 10:36 PM EST) -- The Trademark Trial and Appeal Board on Thursday ruled that apparel maker Under Armour Inc.'s claim of trademark dilution against rival Evade LLC is barred by the Trademark Act, finding that despite the recent correction of a clerical error in the law, the old version still applies in this case.

The board found that while the Trademark Act was amended by the president and Congress in October to provide that the so-called “federal registration defense,” which holds that ownership of a valid federal registration acts as...
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