Frisina & Smith, LLC

On May 19th, 2010, the Court of Appeals for the Sixth Circuit decided the next, and perhaps final, chapter in the hallmark Victoria’s Secret Catalogue v. Moseley trademark dilution case, which began back in 1998.[1] In the long history of this legal battle, both parties to the case have won during at least one of the trials leading up to the May 19th decision. This case was so monumental that during its litigation it even elicited Congressional attention after its Supreme Court holding. That attention led to a revision of U.S. trademark law. The importance of this decision rests in its ability to clarify and solidify the legal requirements and standard of proof for trademark dilution by tarnishment in cases where the new trademark is used in the sale of products of a sexual nature.

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