Florida Statute 495.141 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 495
REGISTRATION AND PROTECTION OF TRADEMARKS

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F.S. 495.141

495.141 Remedies.—

(1) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display, or sale and to pay the costs of the action; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. In assessing profits the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty. The court may also award reasonable attorney’s fees to the prevailing party according to the circumstances of the case.

(2) The enumeration of any right or remedy herein shall not affect a registrant’s right to prosecute under any penal law of this state.

History.—s. 1, ch. 67-58; s. 15, ch. 2006-191.

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Amendments to 495.141

Annotations, Discussions, Cases:

Cases Citing Statute 495.141

Total Results: 8

Tally-Ho, Inc., a Florida Corporation, Plaintiff-Counter-Defendant-Appellant v. Coast Community College District, Defendant-Counter-Plaintiff-Appellee

889 F.2d 1018

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 1990 | Docket: 2041120

Cited 101 times | Published

and pursue remedies under FLA.STAT.ANN. § 495.141 (West 1988). Common law owners of unregistered

American Bank v. First American Bank & Trust

455 So. 2d 443, 9 Fla. L. Weekly 1699, 1984 Fla. App. LEXIS 13966

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 1317093

Cited 16 times | Published

plaintiff is entitled to the remedies provided in section 495.141, Florida Statutes. In count three it is alleged

Abner's Beef House Corp. v. Abner's Internat'l, Inc.

227 So. 2d 865

Supreme Court of Florida | Filed: Oct 29, 1969 | Docket: 1390527

Cited 14 times | Published

the injunctive and damage remedies of F.S. Section 495.141, F.S.A., is made subject to the common law

Big Tomato v. Tasty Concepts, Inc.

972 F. Supp. 662, 1997 U.S. Dist. LEXIS 12307, 1997 WL 523677

District Court, S.D. Florida | Filed: Aug 5, 1997 | Docket: 971257

Cited 12 times | Published

discretionary under 15 U.S.C. § 1117(a) and Fla. Stat. § 495.141, they assert that such award may not be punitive

Anheuser-Busch, Inc. v. A-B Distributors, Inc.

910 F. Supp. 587, 1995 U.S. Dist. LEXIS 21854, 1995 WL 750325

District Court, M.D. Florida | Filed: Nov 17, 1995 | Docket: 1772988

Cited 10 times | Published

advertisement of the prior user...." Fla.Stat. § 495.141. Since the Court has already found that Plaintiffs

Maison Realty, Inc. v. Meredith Corp.

633 So. 2d 27, 1994 Fla. App. LEXIS 301, 1994 WL 19641

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746789

Published

principles of equity. See 15 U.S.C. § 1117(a); § 495.141, Fla. Stat. The federal statute states that damages

La Terraza De Marti, Inc. v. Key West Fragrance & Cosmetic Factory, Inc.

617 F. Supp. 544, 1985 U.S. Dist. LEXIS 16495

District Court, S.D. Florida | Filed: Aug 26, 1985 | Docket: 843503

Published

reputation and dilution of mark under Fla.Stat. § 495.141 (Count IV)[1]. The Defendant has filed a Motion

Abner's International, Inc. v. Abner's Beef House Corp.

220 So. 2d 683, 161 U.S.P.Q. (BNA) 638, 1969 Fla. App. LEXIS 6099

District Court of Appeal of Florida | Filed: Mar 11, 1969 | Docket: 64509062

Published

mark as the court deems just and reasonable. § 495.141(1), Fla.Stat. (1967), F.S.A. § 495.131(1), Fla