Provide a shorthand and a comprehensive phrasing of the legal issue or issues in
ID: 456669 • Letter: P
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
The elements of legal issues are
1. Owner
2. Famous mark
3. Injunction
4. Dilution
Victotia's secret own the trademark. The trademark is widely publicised and known the world over. It is a very well known and respected brand, known by its registered trademark.
Injunction is based on the above facts and is valid.
Dilution of the famous trademark may happen, as Victor's store has similar sounding name.
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