Moseley v. V Secret Catalogue

Citation: Moseley v. V Secret Catalogue, Inc., 537 U.S. 418, 65 U.S.P.Q.2d (BNA) 1801 (2003).

Factual Background
Victoria’s Secret sued Victor Moseley, owner of Victor’s Little Secret, a store that sold lingerie, adult videos, adult novelties and gag gifts in a strip mall in Kentucky (with lingerie representing only five percent of the store’s sales). Because of the nature of Moseley’s other merchandise, Victoria’s Secret claimed that Victor’s Little Secret diluted its famous mark and tarnished Victoria’s Secret’s reputation.

Supreme Court Decision
In a unanimous decision, the U.S. Supreme Court stated that the standard for dilution requires a plaintiff to prove that another trademark actually causes dilution of the distinctive quality of a famous mark. Contrary to other lower courts’ holdings, it is not enough to claim that another trademark is merely likely to dilute a famous mark.

The Court remanded the case back to the lower court so the parties can submit additional evidence under this new “actual dilution” standard.