Florida Statute 495.141 | Lawyer Caselaw & Research

The 2024 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.

F.S. 495.141 on Google Scholar

F.S. 495.141 on Casetext

Amendments to 495.141

Arrestable Offenses / Crimes under Fla. Stat. 495.141

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 495.141.

Annotations, Discussions, Cases:

Cases Citing Statute 495.141

Total Results: 5

Maison Realty, Inc. v. Meredith Corp.

Court: District Court of Appeal of Florida | Date Filed: 1994-01-26

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

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

Tio Pepe, Inc. v. El Tio Pepe De Miami Restaurant, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-01-19

Citation: 523 So. 2d 1158, 6 U.S.P.Q. 2d (BNA) 1228, 13 Fla. L. Weekly 229, 1988 Fla. App. LEXIS 265, 1988 WL 4044

Snippet: for any or all of the remedies provided in s. 495.141... . [5] The language contained in the infringement

American Bank v. First American Bank & Trust

Court: District Court of Appeal of Florida | Date Filed: 1984-08-02

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

Snippet: 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.

Court: Supreme Court of Florida | Date Filed: 1969-10-29

Citation: 227 So. 2d 865

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

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

Court: District Court of Appeal of Florida | Date Filed: 1969-03-11

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

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