Supreme Court rules FTDA claims require showing of actual (not merely a likelihood of) dilution.(Federal Trademark Dilution Act, Moseley v. Secret Catalogue, Inc.)

The US Supreme Court, interpreting the Federal Trademark Dilution Act (FTDA) for the first time, unanimously concluded that, to win a dilution claim, the owner of a famous trademark must prove actual dilution of its mark, not merely a likelihood of dilution. [Moseley v. V Secret Catalogue, Inc., 2003 WL 716807 (U.S. 2003).] Although resolving a split among several circuits on the "actual" versus "likely" harm issue, the court's decision, which stopped short of requiring owners to demonstrate actual economic damage to succeed on FTDA claims, left it to the lower courts to determine what factors should be considered in proving harm.

The Supreme Court's decision reversed a ruling by the US Court of Appeals for the Sixth …