V SECRET CATALOGUE, INC. v. MOSELEY

No. 08-5793.

605 F.3d 382 (2010)

V SECRET CATALOGUE, INC., Plaintiff-Appellee, and Victoria's Secret Stores, Inc., Plaintiff, v. Victor MOSELEY, dba Victor's Little Secret, fka Victor's Secret; Cathy Moseley, dba Victor's Little Secret, fka Victor's Secret, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2010.


Attorney(s) appearing for the Case

ARGUED: John E. Spainhour, Givhan & Spainhour, Shepherdsville, Kentucky, for Appellants. Frank J. Colucci, Colucci & Umans, New York, New York, for Appellees. ON BRIEF: John E. Spainhour, Givhan & Spainhour, Shepherdsville, Kentucky, for Appellants. Frank J. Colucci, Colucci & Umans, New York, New York, for Appellees.

MERRITT, J., delivered the opinion of the court. GIBBONS, J. (p. 390), delivered a separate concurring opinion. MOORE, J. (pp. 391-95), delivered a separate dissenting opinion.


OPINION

MERRITT, Circuit Judge.

In this trademark "dilution by tarnishment" case, brought under the Trademark Dilution Revision Act of 2006,1 the question is whether the plaintiff, an international lingerie company that uses the trade name designation "Victoria's Secret" has a valid suit for injunctive relief against the use of the name "Victor's Little Secret" or "Victor's Secret" by the defendants, a small retail store in a...

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