The Impact of the Moseley Decision on Trademark Dilution Law
评估了最高法院Moseley案判决对联邦法院证明商标淡化方法的影响，发现品牌所有者最易在争议商标与在先商标完全相同时胜诉，并建议了替代性调查方法以应对法院的严格审查。
This article assesses the impact of the Supreme Court decision Moseley v. V Secret Catalogue Inc. on methods of proving trademark dilution in federal court. It also examines federal court decisions that have interpreted Moseley's rulings on trademark dilution. The article concludes that brand owners are most successful in federal court when the challenged junior user's brand is identical to the senior user's brand. In light of results that indicate that consumer surveys play a minimal role in post-Moseley cases and are susceptible to rejection by courts, this article suggests alternative survey approaches that could better satisfy the rigorous requirements of any foreseeable statutory regime.