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Moseley v. V Secret Catalogue, Inc.
Facts
Victor and Cathy Moseley (Defendants) owned Victor’s Secret, a small retail store engaged in the sale of women’s lingerie. V Secret Catalogue, Inc. (Plaintiff) is comprised of affiliated corporations that own the Victoria’s Secret trademark. Victoria’s Secret is a large and reputable retail chain also engaged in the sale of women’s lingerie. In February 1998, Defendants advertised the grand opening of their store to residents of a military installation. An army colonel saw the ad and was offended by Defendants’ use of a name so similar to Victoria’s Secret. He therefore forwarded the ad to Plaintiff. Plaintiff’s attorney contacted Defendants, stating that the similarity in the names would likely lead to confusion and would dilute the distinctiveness of Victoria Secret’s mark. The attorney requested that Defendants discontinue the use of their name. In response, Defendants changed the name of their store to Victor’s Little Secret. Dissatisfied with the change, Plaintiff sued in District Court. The District Court ruled in favor of Plaintiff. The court of appeals affirmed.
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