Federal Trademark Dilution Act requires proof of actual dilution.

The facts giving rise to this Supreme Court case begin with an army colonel sending a copy of an advertisement for petitioner Moseley's retail store, Victor's Secret, to respondents, affiliated corporations that own the VICTORIA'S SECRET trademarks (hereinafter Victoria's Secret). [Victor Mosely v. V Secret Catalogue, Inc., No. 01-1015, (US Sup. Ct. 03/04/2003).] The colonel viewed the Victor's Secret advertisement as an attempt to use a reputable trademark to promote unwholesome, tawdry merchandise.

Victoria's Secret asked Moseley to discontinue using the name, but Moseley instead changed the store's name to Victor's Little Secret. Victoria's Secret then filed suit, alleging, among other things, dilution of famous marks under the Federal Trademark Dilution Act (FTDA). This 1995 amendment to the Trademark Act of …