All students of trademark law are aware that the Supreme Court in Mosley v. V. Secret Catalogue, Inc., 537 U.S. 418 (2003), interpreted the Federal Trademark Dilution Act to require "actual dilution" as an essential element of a federal dilution claim.
But how do you prove actual dilution?
The Supreme Court's enigmatic answer:
"direct evidence of dilution such as surveys will not be necessary if actual dilution can reliably be proved through circumstantial evidence--the obvious case is one where the junior and senior marks are identical."
The Second Circuit has now joined a number of district courts in holding that ... more »
