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The Moseley Decision: The Supreme Court On Trademark Dilution

By Joseph V. Norvell and Joseph T. Kucala, Jr.
August 19, 2003

The U.S. Supreme Court recently issued its first decision interpreting the Federal Trademark Dilution Act of 1995 (FTDA) in Moseley v. V Secret Catalogue, Inc., No. 01-1015 (March 4, 2003). In an opinion that corporate counsel were eagerly awaiting, the unanimous Court held that proof of actual dilution was required to succeed on a claim of trademark dilution under the FTDA. This decision effectively raises the bar for trademark owners and their counsel to prove a claim of actual dilution.

What Happened In The Lower Court?

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