Moseley v. V Secret Catalogue, Inc.
Victoria’s Secret, a lingerie retailer, brought an action for trademark dilution against Victor’s Little Secret, an adult specialty store, under the Federal Trademark Dilution Act (FTDA). The district court enjoined Victor’s Little Secret from using its mark. The court of appeals affirmed, holding that (1) the ”Victoria’s Secret” mark was ”arbitrary and fanciful” and deserved a high level of trademark protection and (2) the trademark was diluted and tarnished by the store’s use of ”Victor’s Secret” and ”Victor’s Little Secret” as its name. The court of appeals also aligned itself with the circuits that allow an ”inference of likely harm” as opposed to proof of ”actual harm” to establish actionable dilution.
Questions Presented:
1. Whether a plaintiff seeking an injunction under FTDA must establish present dilution or whether a showing of a likelihood of future dilution is sufficient.
2. Whether a showing that consumers mentally associate the defendant's mark with the plaintiff's mark because of their similarity is sufficient to establish actionable dilution.
3. Whether a showing that the defendant's mark has caused economic harm to the plaintiff is necessary to establish actionable dilution.
