3. V Secret Catalogue, Inc. (Victoria’s Secret) is a corporation that owns the “Victoria’s Secret” trademark. Victoria’s Secret sells a complete line of women’s lingerie and other clothing and accessories. It operates over 750 retail stores, distributes over 400 million copies of the Victoria’s Secret catalog each year, operates a Web site over which it sells merchandise, and spends $55 million annually advertising its products. Victoria’s Secret registered its trademark at the PTO office in Washington, DC in 1981.In February 1998 Victor and Cathy Moseley opened a store, “Victor’s Little Secret,” in a strip mall in Elizabethtown, Kentucky. The store sells a wide variety of items, including men’s and women’s lingerie, adult videos, sex toys and adult novelties. Victor’s Little Secret logo is graphically similar to the Victoria’s Secret logo—the fonts are similar and the words “Victor’s” and “Secret” are similar in font and size to the Victoria’s Secret logo. The word “little” is much smaller than the other two words and is placed above “Victor’s Secret.”In 2000 Victoria’s Secret sued the Moseleys for tarnishment (under the 1995 Federal Trademark Dilution Act). You are the federal district judge. Have the Moseleys tarnished the Victoria’s Secret trademark? Give arguments that both sides will make.
Key to Third Exam Spring 2004 Objective Essays: 1. Agency question:Was Chris within his scope of employment? (define) 3. Trademark Tarnishment:Define Trademark, define tarnishment; will linking Victoria’s Secret’s trademark to a sexshop in Kentucky “tarnish” the image of VS?
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