However, the legislation did not define terms to establish what constituted a famous mark or articulate a clear standard for determining liability.

An army colonel who saw the ad was offended by what he perceived to be an attempt to use a reputable company's trademark to sell "unwholesome, tawdry merchandise" and contacted Victoria's Secret, which then requested the Moseleys to immediately discontinue the use of the name Victor's Secret and "any variations thereof."

[6] Under this test, the circuit court determined that it was not necessary to establish that any economic harm had occurred as a result of the dilution.

[7] Because of the difference between the circuits on this issue, the Supreme Court granted certiorari to resolve the legal conflict.

However, this proof did not necessarily include actual loss of sales or profit, as the Fourth Circuit had held.

Justice Kennedy filed a concurring opinion which noted that Victoria's Secret was not foreclosed from obtaining injunctive relief on remand of the case.