Ninth Circuit Finds Dilution by Blurring Despite Mark Also Having English Meaning

In Visa International Service Association v. JSL Corp., 95 USPQ2d 1571 (9th Cir. 2010), JSL is owned by Joseph Orr, runs “eVISA,” a multilingual education and information business that exists and operates exclusively on the Internet,” at http://www.evisa.com.  Orr claimed that the name eVisa originates from his English language tutoring service called “Eikaiwa Visa” that he operated in Japan he ran while living in Japan. “Eikaiwa” is Japanese for English conversation.  As such, the “e” in eVisa is short for Eikaiwa.

Sixth Circuit Finds Dilution in Long Running Case

In V Secret Catalogue, Inc. v. Moseley, 605 F.3d 382 (6th 2010), Victoria’s Secret Catalogue, Inc., has licensed Victoria’s Secret Catalogue, LLC and Victoria’s Secret Stores, Inc. to use the “Victoria’s Secret” mark. Victoria’s Secret sells a complete line of women’s lingerie in nation wide store chain, and distributes 400 million copies of the Victoria’s Secret catalog each year, including 39,000 in Elizabethtown, Kentucky.  Victor and Cathy Moseley opened “Victor’s Secret” in Elizabethtown to sell a wide variety of items, including women’s lingerie, adult videos, sex toys and “adult novelties” in February, 1998. The Moseleys assert that they were not aware of Victoria’s Secret’s catalog or stores until they received a cease and desist letter from counsel for Victoria’s Secret on February 25, 1998 after an army officer who saw the advertisement of “Victor’s Secret” made the mental association with “Victoria’s Secret” and informed the plaintiff of “Victor’s secret” store.  The Moseleys subsequently changed the name of their store to

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