Amicus Brief

Victor Moseley and Cathy Moseley d/b/a Victor’s Little Secret v. V Secret Catalogue, Inc.

Published: January 1, 2002

Court

U.S. Supreme Court

Our Position

The U.S. Federal Trademark Dilution Act requires the owner of a famous trademark to show a likelihood of dilution to obtain an injunction.

Outcome

The Court ruled that the Federal Trademark Dilution Act requires proof of actual dilution rather than mere likelihood of dilution. After an INTA-led campaign in response to this ruling, the Trademark Dilution Revision Act of 2006 was passed, which, among other things, established an express likelihood of dilution standard.

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