Supreme Court Docket Report - 2001 Term, Number 13 / April 15, 2002

Co-authored by Ms Miriam R. Nemetz & Mr Andrew H. Schapiro

The Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioners are due on Thursday, May 30, 2002, and amicus briefs in support of the respondents are due on Monday, July 1, 2002.

Trademarks - Dilution - Actual Injury. The Federal Trademark Dilution Act ("FTDA"), 15 U.S.C. 1125(c), permits the owner of a famous mark to obtain an injunction against another party's commercial use of a mark or trade name that "causes dilution of the distinctive quality of the [famous] mark." The Supreme Court granted certiorari in Victor Moseley and Cathy Moseley, d/b/a Victor's Little Secret v. V Secret Catalogue, Inc., et al., No. 01-1015, to determine whether a showing of actual injury to the famous mark is a necessary element of a claim for relief under the FTDA.

V Secret Catalogue, Inc. owns the "Victoria's Secret" mark, which it licenses to Victoria's Secret Catalogue, LLC and Victoria's Secret Stores, Inc. ("Victoria's Secret"). Victoria's Secret, which sells women's lingerie and clothing, operates over 750 stores and...