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Moseley v. V Secret Catalogue, Inc.

Docket No.: 01-1015
Certiorari Granted: Apr 15 2002
Argued: November 12, 2002
Decided: March 4, 2003

Topics:

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.
Petitioner: Secret
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

Secret
v.
V Secret Catalogue, Inc., et al.
537 U.S. 418 (2003)
Question:

Does the Federal Trademark Dilution Act require objective proof of actual injury to the economic value of a famous mark for relief?

Moseley v. V Secret Catalogue, Inc.
ORAL ARGUMENT

November 12, 2002

Holding: reversed and remanded
Decision: Decision: 9 votes for Moseley, 0 vote(s) against

Moseley v. V Secret Catalogue, Inc.
Case Documents

1Opinion in Moseley v. V Secret Catalogue, Inc.
2Opinion in Moseley v. V Secret Catalogue, Inc.
Additional documents for this case are pending review.