422
Opinion of the Court
certiorari to decide is whether objective proof of actual injury to the economic value of a famous mark (as opposed to a presumption of harm arising from a subjective "likelihood of dilution" standard) is a requisite for relief under the FTDA.
I
Petitioners, Victor and Cathy Moseley, own and operate a retail store named "Victor's Little Secret" in a strip mall in Elizabethtown, Kentucky. They have no employees.
Respondents are affiliated corporations that own the VICTORIA'S SECRET trademark and operate over 750 Victoria's Secret stores, two of which are in Louisville, Kentucky, a short drive from Elizabethtown. In 1998 they spent over $55 million advertising "the VICTORIA'S SECRET brand— one of moderately priced, high quality, attractively designed lingerie sold in a store setting designed to look like a womlaw or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.
" '(4) The following shall not be actionable under this section: " '(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
" '(B) Noncommercial use of a mark. " '(C) All forms of news reporting and news commentary.' "(b) Conforming Amendment.—The heading for title VIII of the Trademark Act of 1946 is amended by striking 'AND FALSE DESCRIPTIONS' and inserting ', FALSE DESCRIPTIONS, AND DILUTION.' "SEC. 4. DEFINITION.
"Section 45 of the Trademark Act of 1946 (15 U. S. C. 1127) is amended by inserting after the paragraph defining when a mark shall be deemed to be 'abandoned' the following:
" 'The term "dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of—
" '(1) competition between the owner of the famous mark and other parties, or
" '(2) likelihood of confusion, mistake, or deception.' " 109 Stat. 985-986.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007