Florida/Georgia Personal Injury & Workers Compensation

...In this action, Tally-Ho’s registration is prima facie evidence of its right to use the “You and the Law” trademark in Florida subject only to Coast’s common law rights. The Act permits a registrant to sue for infringement under FLA.STAT.ANN. § 495.131 (West 1988) 9 and pursue remedies under FLA.STAT.ANN....

...nction. 1 . This is a trademark case and whether and when Coast registered its copyright is legally irrelevant for trademark purposes. 2 . Count I alleges service mark infringement under the Lanham Act, 15 U.S.C. § 1051 , et seq., and FLA.STAT.ANN. § 495.131 (West 1988) (infringement)....

...under the Lanham Act, 15 U.S.C. § 1114; (2) federal unfair competition, also under the Lanham Act, 15 U.S.C. § 1125(a); (3) Florida trademark dilution and injury to business reputation, Fla. Stat. § 495.151; (4) Florida trademark infringement, Fla. Stat. § 495.131; (5) Florida common law trademark infringement and unfair competition; and (6) cancellation of State of Florida trademark registration, Fla....

...this count is GRANTED. VI. Counts IV, Y and VI: Florida Trademark Infringement, Common Law Infringement and Unfair Competition, and Cancellation of Florida Trademark Registration FIU has also asserted a trademark infringement claim under Fla. Stat. § 495.131 and a common law claim for infringement and unfair competition [D.E: 1 ¶¶ 53-65]....

...Restatement §§ 13-15. [14] 2 McCarthy, 24.06[4]. [15] See also Restatement §§ 20-23. [16] § 495.021, Fla. Stat. (1989). See 2 McCarthy on Trademarks § 23.24[1][b] (the Lanham Act test of registration is the same as infringement: likelihood of confusion). [17] § 495.131, Fla....

...This case involves the essential constituent elements of a civil cause of action (1) for injunctive relief against unfair competition resulting from infringement of a common law tradename (or mark or symbol), (2) for statutory damages for infringement of a registered service mark under section 495.131, Florida Statutes, and (3) for injunctive relief from injury to business reputation and dilution of service mark, tradename and form of advertisement under section 495.151, Florida Statutes....

...its trademark or service mark pursuant to chapter 495, Florida Statutes, and that by virtue of the facts alleged in count one and because of the defendant's knowledge that its mark is intended to be used to cause confusion or mistake or to deceive (§ 495.131(2), Fla....

...thorities which have led us to reach the result indicated. Section 495.161 expressly provides that Chapter 495 shall not adversely affect or diminish rights or the enforcement of rights in marks acquired in good faith at any time at common law. F.S. Section 495.131, F.S.A., which provides infringement of a registered mark shall subject the infringer to the liability of a civil action by the owner of the mark and to the injunctive and damage remedies of F.S....

...Specifically, Plaintiff alleges that Defendants are liable for: (1) federal trademark infringement under the Lanham Act, 15 U.S.C. § 1125 (a); (2) unfair competition under the Lanham Act, 15 U.S.C. § 1125 (a) et seq.; (3) violating the Florida Registration and Protection of Trademarks Act, Fla. Stat. § 495.131 et seq.; (4) violating the Florida Trademarlc Dilution Act, Fla....

...It is well settled that one business outside the market territory of another has a right to use the same name. Abner's Beef House Corp. v. Abner's International, Inc., 227 So.2d 865 (Fla. 1969).... The trial judge correctly states that the gist of an infringement claim, under both the common law [3] and section 495.131, Florida Statutes (1985), [4] is likelihood of confusion....

...mark infringement are set forth in American Bank of Merritt Island v. First American Bank & Trust, 455 So.2d 443, 445-46 (Fla. 5th DCA), review denied, 461 So.2d 114 (Fla. 1984). See also 74 Am.Jur.2d 780, Trademarks and Tradenames § 16 (1974). [4] Section 495.131 provides in relevant part: Subject to the provisions of s....

...Shall be liable in a civil action by the owner of such registered mark for any or all of the remedies provided in s. 495.141... . [5] The language contained in the infringement section of the Lanham Act, 15 U.S.C.A. § 1114(1), is very similar to that found in the Florida statute, section 495.131....

...to cause confusion, or to cause mistake, or to deceive;... shall be liable in a civil action by the registrant for the remedies hereinafter provided. [6] Only a handful of Florida cases have had opportunity to address Florida's infringement statute, § 495.131, see Abner's Beef House, 227 So.2d 865; Sepmeier v. Tallahassee Democrat, Inc., 461 So.2d 193 (Fla. 1st DCA 1984); California Club Realty, 493 So.2d 37; American Bank, 455 So.2d 443, and these cases provide limited insight in construing § 495.131....

...s not provide the basis for a defamation cause of action. Finally, we uphold the dismissal of the plaintiffs' service mark infringement action. The plaintiffs contend the use of the word Leathergram in the column constituted infringement pursuant to section 495.131, Florida Statutes (1983). Section 495.131(1) infringement requires that the use of the service mark be "likely to cause confusion or mistake or to deceive as to the source or origin of [the alleged infringer's] goods or services." Section 495.131(2) infringement requires application of the service mark to "labels, signs, prints, packages, wrappers, receptacles or advertisements." Even if use of the word Leathergram in the column was a use of a registered service mark — and we...

...lberto Borrero ("Borrero") and Joseph Longo ("Longo") (collectively, "Defendants") asserting the following claims: Count I: Unfair Competition under the Lanham Act, 15 U.S.C. § 1125 (a) Count II: Florida Trademark Infringement under Florida Statute § 495.131 Count III: Common Law Trademark Infringement Count IV: Common Law Unfair Competition Count V: Trademark Dilution under Florida Statute § 495.151 See Compl....

...We make no determination regarding whether a temporary injunction should be issued in this cause. Reversed and remanded for further proceedings consistent with this opinion. ALTENBERND and STRINGER, JJ., concur. NOTES [1] There was no allegation of infringement pursuant to section 495.131, Florida Statutes (2001)....

...Plaintiffs’ Complaint On August 6, 2019, after the second season aired, Plaintiffs sued, asserting eight claims: (1) trademark infringement under the Lanham Act § 32; (2) unfair competition under the Lanham Act § 43(a); (3) trademark infringement under Florida Statute § 495.131; (4) violation of the Florida Deceptive and Unfair Trade Practices Act under Florida Statute § 501.204; (5) trademark dilution under Florida Statute § 495.151; (6) Florida common-law trademark infringement; (7) Florida common-law unfair competition; and (8) Florida common-law unjust enrichment. C....

...# 1], and Defendants filed a joint Answer on October 12, 2007 [D.E. #21]. Klayman asserts the following six claims in his Complaint: (1) Federal trademark dilution (15 U.S.C. § 1125(c)); (2) Federal false designation of origin (15 U.S.C. § 1125(a)); (3) Florida state trademark infringement (Fla.Stat. § 495.131); (4) Florida state trademark dilution (Fla.Stat....

...s * * * ” of that service mark, and the statute grants power to the courts of this State to grant injunctions so as to restrain such use or display of the service mark as the court deems just and reasonable. § 495.141(1), Fla.Stat. (1967), F.S.A. § 495.131(1), Fla.Stat., F.S.A., provides that this right to injunctive relief accrues to the owner of a properly registered service mark against any person who shall: “Use, without the consent of the registrant, any reproduction, counterfeit, cop...

...le for Trademark Counterfeiting and Trademark Infringement, in violation of 15 U.S.C. § 1114; False Designations of Origin, False Descriptions and Representations, in violation of 15 U.S.C. § 1125(a); Trademark Dilution, in violation of Fla. Stat. § 495.131 and Florida common law; and Common Law Unfair Competition....

...Food Stores, Inc., 226 So.2d 393, 396-98 (Fla.1969); Addison v. Hook, 91 Fla. 337, 343-44 , 107 So. 623, 625 (1926); American Bank v. First American Bank & Trust, 455 So.2d 443, 445-47 (Fla. 5th DCA 1984), pet. for review denied, 461 So.2d 114 (Fla.1985); § 495.131, Fla.Stat....