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By ALM Staff | Law Journal Newsletters |
August 19, 2003

Supreme Court holds that 'actual dilution' to mark needed to sustain claim

The U.S. Supreme Court has ruled that in order to sustain an action under the Federal Trademark Dilution Act of 1995, a plaintiff must show 'actual dilution' to its trademark, not the mere likelihood of harm. The Court noted that mere 'mental association' in the mind of consumers between two marks does not amount to dilution, but that trademark holders do not have to actually prove they actually lost sales or profit. Moseley v. Victoria Secret Catalogue Inc., No. 01-1015 (March 4, 2003).

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