Intellectual Property
Jun. 3, 2010
Victoria's Secret Wins Trademark Anti-Dilution Case
Howard Hoffenberg examines Victoria's Secret's trademark dilution lawsuit against Victor's Little Secret, a purveyor of adult sexual devices.
After a trip to the U.S. Supreme Court and an act of Congress overruling the High Court, the trademark anti-dilution case by Victoria's Secret against Victor's Secret ends with the lower courts crafting a judicial presumption of dilution under circumstances of semantic similarity between marks and a sexual product. This presumption could not be overcome by the junior user and Victoria's Secret won its case. (Victor'...
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