Visa International Service Ass'n v. JSL Corp.

MEMORANDUM *

In appeal No. 02-17353, JSL Corporation appeals the district court’s injunction barring JSL from using or registering the mark “eVisa” or the domain name . 1 We have jurisdiction over JSL’s timely appeal pursuant to 28 U.S.C. § 1292 (a)(1) and we vacate and remand.

The basis for the district court’s injunction was its determination that JSL’s use of the “eVisa” mark was “likely to dilute” the senior VISA mark, in violation of the Federal Trademark Dilution Act (“FTDA”), 15 U.S.C. § 1125 (c)(1). However, after the district court issued the injunction and while JSL’s appeal was pending, the United States Supreme Court decided Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 , 123 S.Ct. 1115 , 155 L.Ed.2d 1 (2003), which clarified the standard of proof for trademark dilution under the FTDA. Moseley held that, to prevail on a FTDA claim, the plaintiff must establish actual dilution rather than the likelihood of dilution. Id. at 1124. “Because the district court did not have the opportunity to consider the facts of this case in light of the standard the Supreme Court articulated in Moseley, we vacate the district court’s judgment on the trademark dilution…