'Victor's Little Secret' Strikes Out In Trademark Case

Law360 (May 19, 2010, 7:09 PM EDT) -- The U.S. Court of Appeals for the Sixth Circuit has ruled that a Kentucky sex toy shop cannot call itself “Victor’s Little Secret,” finding in favor of Victoria's Secret Stores Inc. in a trademark dilution case that earlier prompted a U.S. Supreme Court ruling and a new federal law.

The appeals court on Wednesday affirmed an injunction issued by the U.S. District Court for the Western District of Kentucky, which had found that the name of the shop run by Victor and Cathy Moseley dilutes by tarnishment the mark held by the lingerie giant.

The dispute began in 1998, when Victoria’s...

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