Florida Statutes
Fla. Stat. § 495.141 (2025)
Remedies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1969–2023 · leading case: Am. Bank v. First Am. Bank & Trust, 455 So. 2d 443 (Fla. 5th DCA 1984).
Am. Bank v. First Am. Bank & Trust, 455 So. 2d 443 (Fla. 5th DCA 1984). “), the plaintiff is entitled to the remedies provided in section 495.141, Florida Statutes. In count three it is alleged that by virtue of the facts alleged in counts one and two there exists a likelihood of injury to plaintiff's business reputation or of dilution of the…”
Big Tomato v. Tasty Concepts, Inc., 972 F. Supp. 662 (S.D. Fla. 1997). “§ 1117 (a) and Fla. Stat. § 495.141 , they assert that such award may not be punitive in nature.”
Anheuser-Busch, Inc. v. A-B Distributors, Inc., 910 F. Supp. 587 (M.D. Fla. 1995). “confusion as to the source of goods or services,” if Plaintiff makes a showing that there “[1] exists a likelihood of injury to business reputation or [2] of dilution of the distinctive quality of the mark, trade name, label or form of advertisement of the prior user____” Fla.”
Abner's Beef House Corp. v. Abner's Internat'l, Inc., 227 So. 2d 865 (Fla. 1969). “Section 495.141, F.S.A., is made subject to the common law rights in marks preserved by Section 495.”
La Terraza De Marti, Inc. v. Key West Fragrance & Cosmetic Factory, Inc., 617 F. Supp. 544 (S.D. Fla. 1985). “§ 1125 (a) (Count II); unfair competition/deceptive trade practice under Florida common law (Count III); and injury to business reputation and dilution of mark under Fla.Stat. § 495.141 (Count IV) 1 . The Defendant has filed a Motion to Dismiss Pursuant to Rule 12(b)(6) or in…”
Abner's Int'l, Inc. v. Abner's Beef House Corp., 220 So. 2d 683 (Fla. 3d DCA 1969). “§ 495.141(1), Fla.Stat. (1967), F.S.A. § 495.”
Deltona Transformer Corp. v. The Noco Co. (M.D. Fla. 2023). “11 Plaintiff also argues that it is entitled to an injunction under section 495.141(1) of the Florida Statutes.”
Maison Realty, Inc. v. Meredith Corp., 633 So. 2d 27 (Fla. 4th DCA 1994). “§ 1117 (a); § 495.141, Fla. Stat. The federal statute states that damages awarded for trademark infringement “are subject to the general principles of equity.”
— 495.141(1) — 2 cases
Abner's Int'l, Inc. v. Abner's Beef House Corp., 220 So. 2d 683 (Fla. 3d DCA 1969). “§ 495.141(1), Fla.Stat. (1967), F.S.A. § 495.”
Deltona Transformer Corp. v. The Noco Co. (M.D. Fla. 2023). “11 Plaintiff also argues that it is entitled to an injunction under section 495.141(1) of the Florida Statutes.”
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