United States Sixth Circuit
V Secret Catalogue, Inc. v. Victoria's Secret Stores, Inc., 08-5793
In plaintiff's trademark "dilution by tarnishment" suit against a small retail store that sells sex toys and other sexually oriented products, pursuant to the Trademark Dilution Revision Act of 2006, the judgment of the district court in favor of the plaintiff is affirmed as, the new Act creates a kind of a rebuttable presumption, or at least a very strong inference, that a new mark used to sell sex related products is likely to tarnish a famous mark if there is a clear semantic association between the two, and here, that presumption has not been rebutted.
Appellate Information
- Argued 01/21/2010
- Decided 05/19/2010
- Published 05/19/2010
Judges
- Before MERRITT, MOORE, and GIBBONS, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED:John E. Spainhour, Givhan & Spainhour, Shepherdsville, Kentucky, for Appellants. Frank J. Colucci, Colucci & Umans, New York, New York, for Appellees. ON BRIEF:John E. Spainhour, Givhan & Spainhour, Shepherdsville, Kentucky, for Appellants. Frank J. Colucci, Colucci & Umans, New York, New York, for Appellees.