Victory for Victoria’s Secret
24 May 2010
Eileen McDermott, Boston
Following a U.S. Supreme Court decision, a new law and more than 10 years of litigation, one of the most controversial trademark cases of the past decade looks finally to have reached a conclusion
Last Wednesday the U.S. Court of Appeals for the Sixth Circuit ruled that the mark VICTOR'S LITTLE SECRET is likely to tarnish the reputation of VICTORIA'S SECRET under the standard set forth in the 2006 Trademark Dilution Revision Act (TDRA).
The decision is the second time the court has ruled in this case. In 2003, its previous ruling in favor of Victoria's Secret was reversed by the Supreme Court, which said that Victoria's Secret was unable to prove it had suffered actual harm from the sex toy shop run by Victor and Cathy Moseley.
The TDRA revised the Federal Trademark Dilution Act of 1995...
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