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MOSELEY v. SECRET CATALOGUE, INC.

No. 01-1015.

537 U.S. 418 (2003)

MOSELEY ET AL., DBA VICTOR'S LITTLE SECRET v. V SECRET CATALOGUE, INC., ET AL.

Supreme Court of United States.

Decided March 4, 2003.

Attorney(s) appearing for the Case

James R. Higgins, Jr., argued the cause for petitioners. With him on the briefs was Scot A. Duvall.

Walter Dellinger argued the cause for respondents. With him on the brief was Jonathan D. Hacker.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Irving L. Gornstein, Anthony J. Steinmeyer, Mark S. Davies, John M. Whealan, Nancy C. Slutter, Cynthia C. Lynch, and James R. Hughes.*

STEVENS, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and IV, and the opinion of the Court with respect to Part III, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, SOUTER, THOMAS, GINSBURG, and BREYER, JJ., joined. KENNEDY, J., filed a concurring opinion, p. 435.

JUSTICE STEVENS delivered the opinion of the Court.†

In 1995 Congress amended § 43 of the Trademark Act of 1946, 15 U. S. C. § 1125, to provide a remedy for the "dilution of famous marks." 109 Stat. 985-986. That amendment, known as the Federal Trademark Dilution Act (FTDA), describes the factors that determine whether a mark is "distinctive and famous," and defines the term ...

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