U.S. SUPREME COURT Justices to decide Victor/Victoria trademark case

Victoria's Secret will ask the Supreme Court to force an adult novelty shop to change its name.
LOUISVILLE, Ky. (AP) -- Victor's Little Secret isn't such a secret anymore.
Today, the U.S. Supreme Court was to hear a trademark case pitting the giant Victoria's Secret lingerie chain against an Elizabethtown, Ky., adult novelty store that owner Victor Moseley named for himself -- Victor's Little Secret.
At issue is whether the trademark of the Columbus, Ohio-based Victoria's Secret was damaged by the opening of Victor Moseley's tiny store, which sells sex toys, adult videos and lingerie for men and women. A federal appeals court ruled that the Federal Trademark Dilution Act protects Victoria's Secret.
Moseley ended up changing the name of the store -- to Cathy's Little Secret, after his wife -- pending the outcome of the case. But he's not happy about it.
"Victor is my name, and I feel I should have the right to use my name," Moseley said after a recent meeting with his attorneys in Louisville.
Moseley's is one of a handful of cases that the Supreme Court agreed to hear in its fall term.
Trademark protections
The court's ruling could clarify rules over allegations that a rival is watering down trademark protection by using a sound-alike name or slogan.
Repeated calls to Washington attorney Walter Dellinger, the lead attorney for Victoria's Secret, were not returned. Dellinger, who will argue the case before the high court, was a former U.S. Solicitor General under Attorney General Janet Reno.
Moseley's attorney, James R. Higgins, who is arguing the case before the court, said a ruling in their favor would be a victory for business.
"Our view is if we win, business wins, because the law would become more predictable," Higgins said. "There's no proof in this case that Victor's name caused any harm to Victoria's Secret's trademark."
Moseley opened the store as Victor's Secret in 1998, and Victoria's Secret quickly complained after noticing the name similarities. The Moseleys changed the name to Victor's Little Secret after the complaint, but it didn't stop the lingerie giant's protests.
Victoria's Secret won the latest court battle in the 6th Circuit U.S. Circuit Court of Appeals in Cincinnati, which forced Victor Moseley to change the name. Moseley said a Victoria's Secret store opened in Elizabethtown shortly after that ruling.
Little in common
Beyond the name, the two stores have little in common.
Though both sell lingerie, Moseley's is more of the risqu & eacute; type. Victoria's Secret also offers its own line of perfumes, lotions and makeup, and its walls are adorned with enlarged photos of scantily clad supermodels.
At Moseley's store, one wall is devoted to novelty items and sex toys.