Secret to remain Cathy’s

By BOB WHITE bwhite@thenewsenterprise.com LOUISVILLE — Despite the U.S. Supreme Court’s 2003 ruling allowing Victor and Cathy Moseley to use "Victor’s Secret" and "Victor’s Little Secret" as names for their lingerie shop in Elizabethtown, a lower court ruled Wednesday they can’t. U.S. District Judge Charles Simpson of Kentucky’s Western District in Louisville was able to negate the high court’s ruling because of changes made to the Federal Trademark Dilution Act years after the Supreme Court’s 2003 decision. The act protects trademarked businesses by preventing the "lessening of the capacity of a famous mark to identify and distinguish goods and services" — something the world famous Victoria’s Secret company claimed the Moseleys had done by naming their lingerie shop in Houchens Plaza, Victor’s Secret. Previously, the law stated a violation of the Trademark Dilution Act must be proven with a monetary loss by the trademarked company. The amended version eliminated the financial loss clause and lessened the responsibility for burden of proof of negative impact to the trademarked company. Victor Moseley said the undoing of the 2003 Supreme Court decision and amendments to the previous version of the Federal Trademark Dilution Law proves "big business is running our government." Moseley accused Simpson of "sitting on the case for four years" while lobbyists for Victoria’s Secret pushed legislators for changes to the Federal Trademark Dilution Law. Moseley also was lobbying legislators to keep the law as it was, but said his efforts could not compete with those of Victoria’s Secret. He also claims his paid lobbyists double-crossed him by lobbying on behalf of Victoria’s Secret and for changes made to the Federal Trademark Dilution Law. He vowed future legal action for his damages in excess of $250,000. "This is not going to be the end of the story," Moseley said. The Moseleys lingerie store has operated under the name of Cathy’s Little Secret since 2000, when Victoria’s Secret first filed a claim against the alleged infringement on its trademark. While the issue revolves around names of lingerie and adult novelty shops, Moseley said changes made to the Federal Trademark Dilution Law will negatively impact countless Americans. "It’s about our freedom," Moseley said. "We’re allowing big business to have a monopoly on the English language, colors and shapes." Moseley intends to keep fighting for his right to use his name in the name of his business, but worries financial resources to do so won’t be available much longer. He said the Supreme Court hearing alone cost $250,000 and said that expense is another example of how big business wins, regardless of being right or wrong. "When you can’t afford to defend yourself, there is no justice," Moseley said. "In the words of O.J.’s attorney Johnny Cochran, ‘the color of justice is green.’" Bob White can be reached at (270) 505-1750.