WEEK 6: ASSIGNMENT 2
Case 7.3: Dilution of a Trade Mark: V Secret Catalogue, Inc. and Victoria’s Secret Stores,
Inc. v. Moseley. 605 F.3d 382, Web 2010 U.S. App. Lexis 10150 (2010) United States Court
of Appeals for the Sixth Circuit.
1. Is there tarnishment of the Victoria’s Secret senior mark by the Moseley’s’ use of the
junior marks Victor’s Secret and Victor’s Little Secret?
Victoria’s secret reputation is tarnished by victor’s Secret violation of trademark. I think the
court was right in its judgement. The court interpreted the issue on appeal as whether the “Victor’s
Little Secret” mark, with its association with lewd sex toys, creates a likelihood of dilution by
tarnishment of the Victoria’s Secret mark. I am of the opinion that there is a “clearly emerging”
consensus in trademark dilution case law that the establishment of an association between a well–