Moseley, Dba Victor’s Little Secret v. V Secret Catalogue, Inc.

Summary

The Supreme Court held that the Federal Trademark Dilution Act requires proof of actual dilution, not merely a likelihood of dilution. The Court reversed the Sixth Circuit because the record lacked evidence that the Moseleys' use lessened the capacity of the VICTORIA'S SECRET mark to identify goods. Justice Kennedy concurred, noting that probable consequences could show diminishment of capacity.