VICTOR'S VICTORY.

In Mosely v. V Secret Catalogue, Inc., the Supreme Court of the United States unanimously ruled that unless a plaintiff can prove damage, a trademark dilution case under the Federal Trademark Dilution Act will fail. Mental association of "Victor's Little Secret" with "Victoria 'S Secret" does not necessarily mean blurring or tarnishing of the plaintiffs trademark or trade name. The case continues the Court's acceptance of puckis creativity, but while the Court appears to be granting greater freedom to commercial speech, some legal restraints remain untouched. This article examines the Court's decision, applies it to other" cases and attempts a synthesis of law. It argues that the uncertain standards of the FTDA created a chilling effect that the Court has decried in other areas of law. The article then examines how outcomes might have been different under the Moseley standards and what legal freedoms and restraints remain the same after Moseley. [ABSTRACT FROM AUTHOR]