Thursday, May 20, 2010
Court Of Appeals Decision
KENTUCKY...
A split federal appeals court upheld an injunction Wednesday barring a central Kentucky business owner from using the names "Victor's Secret" and "Victor's Little Secret" on an adult novelty and lingerie shop. The U.S. 6th Circuit Court of Appeals in a 2-1 ruling said that under the Federal Trademark Dilution Act the use of those names by the Elizabethtown business cast an unflattering shadow on the Columbus, Ohio-based chain Victoria's Secret and potentially hurts their business. The ruling leaves in place an injunction issued in 2008, barring Kentucky business owners Victor and Cathy Moseley from using the names at their shop about 45 minutes south of Louisville.
A split federal appeals court upheld an injunction Wednesday barring a central Kentucky business owner from using the names "Victor's Secret" and "Victor's Little Secret" on an adult novelty and lingerie shop. The U.S. 6th Circuit Court of Appeals in a 2-1 ruling said that under the Federal Trademark Dilution Act the use of those names by the Elizabethtown business cast an unflattering shadow on the Columbus, Ohio-based chain Victoria's Secret and potentially hurts their business. The ruling leaves in place an injunction issued in 2008, barring Kentucky business owners Victor and Cathy Moseley from using the names at their shop about 45 minutes south of Louisville.