Provide a shorthand and a comprehensive phrasing of the legal issue or issues in

Question

Provide a shorthand and a comprehensive phrasing of the legal issue or issues in each of the following situations.

(e) Facts: Victor and Cathy Moseley own a lingerie store called Victor’s Little Secret in a small town in Kentucky. The multinational company, Victoria’s Secret, objects to the name of this store on the ground that it can confuse the public and thereby dilute the value of its well-known mark. (A mark is any language or symbol used to identify or distinguish one’s product or service.) Statute: § 43. The owner of a famous mark shall be entitled to an injunction for its dilution

Explanation / Answer

In this case, Victoria's Secret is a multinational company and thus is the owner of a famous mark. The element in contention is that whether the lingerie store by the name Victor's Little Secret is resulting in the dilution of the Victoria's Secret mark. This element has become a legal issue, a question of law.

Phrasing of legal issue in shorthand:

(i) Is Victor's Little Secret negligent in using a name similar to the name of the multinational company?

(ii) Does statute 43 apply?

(iii) Does it result in trademark dilution?

Comprehensive phrasing of the legal issue: Is a small company guilty of causing trademark dilution under statute 43 when the name being used by the small company is very similar to the name being used by a large multinational company?

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