Reed Smith Client Alerts

The recent decision by the U.S. Supreme Court in Moseley v. V Secret Catalogue, Inc. was an unpleasant surprise to the owners of famous trademarks because it makes prevailing on a dilution claim under the Federal Trademark Dilution Act of 1995 (FTDA) seem virtually impossible. In its decision, the Court held that a plaintiff with a famous trademark must show proof of dilution, as opposed to a likelihood of dilution, to prevail under the FTDA. Concern arises from the perception that proof of dilution is unattainable, or that significant harm must occur before a remedy is available to the owner of a famous mark.