Trademark Dilution and the Plain Language Solution to Victoria's Secret

In February 1998, Victor and Cathy Moseley opened a store in Elizabethtown, Kentucky, which they called "Victor's Secret," specializing in men's and women's lingerie, adult videos, sex toys and "adult novelties." Before long, the Moselelys received a cease and desist letter from V Secret Catalogue,Inc., claiming that the Moseleys' store name violated V Secret's rights in the VICTORIA'S SECRET trademark. In an effort to solve the problem, the Moseleys changed the name of their store to "Victor's Little Secret." Unsatisfied, V Secret filed suit in the U.S. District Court for the Western District of Kentucky. The court dismissed the claim of trademark infringement, on grounds that there was no likelihood of confusion between the two marks.

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