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 of a famous mark's capacity to identify goods or services, rather than a likelihood of dilution. The Court reversed the Court of Appeals' decision that had found dilution based solely on mental association between the marks, remanding for further proceedings. Justice Kennedy concurred, emphasizing the statutory definition of capacity and the propriety of injunctive relief before damage is done.