Counterfeit Chic provides a copy of the complaint in Victoria's Secret v. Nines USA, which includes pictures of the panties that allegedly infringe and dilute VS's copyrighted/trademarked pink dog design. Notably, VS pleads only New York state dilution, which is probably the wisest strategy for plaintiffs who don't want to be sucked into a debate about famousness under federal law. It will be interesting to see how other elements of a state-law dilution claim are affected, or not, by the new federal definitions.
My take: a strong case for the plaintiff, but one that raises interesting questions of "use as a mark." The dogs are used as repeating designs on the panties; often, that type of use would be decorative rather than trademark use. Because we're familiar with VS's mark, the dogs serve as an indicator of source -- but are there any cases in which a similar dog outline could be used decoratively on clothing and not count as trademark use?