Moseley, Dba Victor’s Little Secret v. V Secret Catalogue, Inc. — Kennedy, J., Concurring

Summary

Justice Kennedy concurs, joining the Court's opinion that the evidentiary showing required by the Federal Trademark Dilution Act should be clarified on remand. He writes separately to emphasize that 'capacity' in the dilution definition imports present and potential power, allowing injury to be shown without waiting for full erosion of distinctiveness.