The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

BIG TOMATO, a v. TASTY CONCEPTS, INC. a d b a, 972 F. Supp. 662 (S.D. Fla. 1997)

. . . . § 495.141, they assert that such award may not be punitive in nature. Babbit, 38 F.3d at 1183. . . .

ANHEUSER- BUSCH, INC. v. A- B DISTRIBUTORS, INC., 910 F. Supp. 587 (M.D. Fla. 1995)

. . . . § 495.141. . . .

MAISON REALTY, INC. d b a B K a v. MEREDITH CORPORATION, d b a, 633 So. 2d 27 (Fla. Dist. Ct. App. 1994)

. . . . § 1117(a); § 495.141, Fla. Stat. . . .

TALLY- HO, INC. A v. COAST COMMUNITY COLLEGE DISTRICT,, 889 F.2d 1018 (11th Cir. 1989)

. . . . § 495.141 (West 1988). . . . in a civil action by the owner of such registered mark for any or all of the remedies provided in § 495.141 . . .

LA TERRAZA DE MARTI, INC. a v. KEY WEST FRAGRANCE COSMETIC FACTORY, INC. a, 617 F. Supp. 544 (S.D. Fla. 1985)

. . . . § 495.141 (Count IV) . . . . However, in light of the Plaintiff’s seemingly incorrect reliance on Fla.Stat. § 495.141, rather than . . . Although the Plaintiffs Complaint relies on Fla.Stat. § 495.141 to support the cause of action alleged . . . Fla.Stat. § 495.141, unlike § 495.151, is limited to the protection of registered marks or names. . . .

AMERICAN BANK OF MERRITT ISLAND, v. FIRST AMERICAN BANK AND TRUST,, 455 So. 2d 443 (Fla. Dist. Ct. App. 1984)

. . . to deceive (§ 495.131(2), Fla.Stat.), the plaintiff is entitled to the remedies provided in section 495.141 . . .

BURGER KING CORPORATION, v. A. MASON, BURGER KING CORPORATION, a v. A. MASON,, 710 F.2d 1480 (11th Cir. 1983)

. . . . §§ 495.131, 495.141 (West 1972), disgorgement of profits earned is not the remedy for breach of contract . . .

SAFEWAY STORES, INCORPORATED, v. SAFEWAY DISCOUNT DRUGS, INC., 675 F.2d 1160 (11th Cir. 1982)

. . . .-151, unlike other Florida trademark statutes, see §§ 495.131 & 495.141, however, do not limit the protection . . .

ABNER S BEEF HOUSE CORPORATION, a s a s a s, a v. ABNER S INTERNATIONAL, INC. a, 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 495.161 . . .

ABNER S INTERNATIONAL, INC. a v. ABNER S BEEF HOUSE CORPORATION, a s a s a s, a, 220 So. 2d 683 (Fla. Dist. Ct. App. 1969)

. . . . § 495.141(1), Fla.Stat. (1967), F.S.A. § 495.131(1), Fla.Stat., F.S.A., provides that this right to . . .