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Moseley v. V Secret Catalogue, Inc.

United States Supreme Court

537 U.S. 418 (2003)

Relevant factsFree

Victor and Cathy Moseley (defendants) opened a small lingerie store called Victor's Secret, advertising its grand opening to a military installation; an army colonel, offended by the name's similarity to Victoria's Secret, forwarded the ad to V Secret Catalogue, Inc. (plaintiff), which owns the Victoria's Secret trademark and demanded the Moseleys stop using the name, warning of confusion and dilution. The Moseleys renamed their store Victor's Little Secret, but V Secret sued anyway, and the district court and court of appeals both ruled in V Secret's favor.

IssueFree

Whether a plaintiff in a trademark dilution case must present evidence of actual dilution, rather than the mere likelihood of dilution.

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