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Question
In Mosley v. Secret Catalogue, Inc., Victoria's Secret sued Victor and Cathy Mosley for opening a store named Victor's Secret (later changed to Victor's Little Secret) claiming public confusion regarding the their trademark. Analyzing the requirements to prove trademark infringement and dilution, the court said that:A.Because there was a likelihood of harm due to the similar names and similar product lines, Victoria's Secret was entitled to an injunction.
B.Because Victor's Little Secret was a small boutique located in Elizabethtown Kentucky and Victoria's Secret is a nationwide company, it is impossible for Victor's Little Secret to harm Victoria's Secret's business or trademark.
C.Victoria's Secret must prove an actual loss of sales or profits attributable to the trademark infringement to prevail.
D.Victoria's Secret must prove an actual dilution of the distinctive quality of their trademark to prevail.
Answer
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