The Supreme Court's recent Federal Trademark Dilution Act (FTDA) opinion, Moseley et al. dba Victor's Little Secret v. V Secret Catalogue, Inc. et al., has a number of practical consequences.
Moseley Revisited: What the Victoria's Secret Case Means
The Supreme Court's recent Federal Trademark Dilution Act (FTDA) opinion, <i>Moseley et al. dba Victor's Little Secret v. V Secret Catalogue, Inc. et al.</i>, has a number of practical consequences. It settled an issue that had split the Circuits for years: whether actual dilution or a "likelihood of dilution" must be shown to establish an FTDA violation. Dilution law seeks to prevent the diminution or whittling away of a famous trademark's value through another's commercial use of the same or a similar mark. That somewhat abstract harm suggests the less concrete "likelihood of dilution" standard would more logically apply.
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Karen Marie KittermanThis premium content is locked for The Intellectual Property Strategist subscribers only
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