The Impact of the Moseley Decision on Trademark Dilution Law

Abstract:     
This manuscript assesses the impact of the Supreme Court decision Moseley v. V Secret Catalogue, Inc. on methods of proving trademark dilution in federal court. This manuscript surveys federal court decisions that have interpreted Moseley's rulings on trademark dilution. This manuscript concludes that brand owners are most successful in federal court when the challenged junior user's brand is identical to the senior user's brand. In light of results that indicate consumer surveys play a minimal role in post-Moseley case and are susceptible to rejection by courts, this manuscript suggests alternative survey approaches that best satisfy Moseley's rigorous requirements.

Keywords: trademark, dilution, marketing, consumer survey, intellectual property

JEL Classifications: M31, 034, K29

Working Paper Series