The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain relief under the FTDA post-Moseley.
Jessica C. Kaiser,
Victor's Not So Little Secret: Trademark Dilution Is Difficult but Not Impossible to Prove Following Moseley v. V. Secret Catalogue, Inc.,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol80/iss1/17