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Supreme Court Holds that Plaintiffs Must Show Actual Dilution to Recover under the Federal Trademark Dilution Act

June 13, 2003

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In Mosley v. V Secret Catalogue, Inc., 537 US – (2003), the United States Supreme Court resolved a split among the federal circuits and held that the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125(c) (2003), (FTDA) requires a plaintiff to show actual dilution, rather than a likelihood of dilution, in order to obtain an injunction.

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Rev IP Advisory - Summer 03 this one.pdf

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