Docket No.: 01-1015 Topics:
Certiorari Granted: Apr 15 2002
Argued: November 12, 2002
Decided: March 4, 2003
15 U.S.C. 1125, Economic Activity, Commerce Clause, Due Process, First Amendment, Privacy Act, copyright, credit reports, patent, property rights, trademark
PartyNames: Secret v. V Secret Catalogue, Inc., et al.
Respondent: V Secret Catalogue, Inc., et al.
Court Below: United States Court of Appeals for the Sixth Circuit
Citation: CA 6, 259 F.3d 464. QUESTION PRESENTED FOR REVIEW Whether the plain meaning of the operative phrase "causes dilution of thedistinctive quality of the mark,"read in pari materia with the definition of dilution as "the lessening of the capacity of a famous mark to identify and distinguish goodsand services," requires objective proof of ac tual injury to the economic value of the famous mark (as opposed to a presumption of harm arising from a subjective "likelihood of dilution" standard) as a precondition to any and all relief under the Federal Trademark Dilution Act.
Lower Court Decision
Supreme Court Docket