This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Victor Moseley (Petitioner), the petitioner seeks a construction of the Federal Trademark Dilution Act (FTDA) to keep federal trademark law within proper bounds.
Background and question before the Court
Oral argument began at 11:05 a.m.
Justice asked whether Tennessee is remote or the particular business is.
Justice Scalia asked which product used the mark first, such as an airline or faucets.
Mr. Wallace argued that a consumer survey is not required to prove dilution, though it can illustrate the concept.
What each side argues
Petitioner (Victor Moseley)
According to Victor Moseley (Petitioner), the petitioner seeks a construction of the Federal Trademark Dilution Act (FTDA) to keep federal trademark law within proper bounds.
Respondent (V. Secret Catalogue Inc.)
Mr. Wallace argued that a consumer survey is not required to prove dilution, though it can illustrate the concept.
What happened at oral argument
Oral argument began at 11:05 a.m.
Justice asked whether Tennessee is remote or the particular business is.
Justice Scalia asked which product used the mark first, such as an airline or faucets.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- b391eb343dfb1a57df6f-r1-c70b02f1b4d1a824.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.