Florida Statute 495.151 | 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. 495.151

495.151 Dilution.—

(1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction and to obtain such other relief against another person’s commercial use of a mark or trade name if such use begins after the mark has become famous and is likely to cause dilution of the distinctive quality of the famous mark, as provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors, including, but not limited to:

(a) The degree of inherent or acquired distinctiveness of the mark in this state.

(b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used.

(d) The geographical extent of the trading area in which the mark is used.

(e) The channels of trade for the goods or services with which the mark is used.

(f) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark’s owner and the person against whom the injunction is sought.

(g) The nature and extent of use of the same or similar mark by third parties.

(h) Whether the mark is the subject of a state registration in this state or a federal registration under the Federal Trademark Act of March 3, 1881, or the Federal Trademark Act of February 20, 1905, or a principal register registration under the Federal Trademark Act of July 5, 1946.

(2) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state unless the person against whom the injunctive relief is sought willfully intended to trade on the owner’s reputation or to cause dilution of the famous mark. If such willful intent is proven, and the mark is registered in this state, the owner shall also be entitled to all remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

(3) The following shall not be actionable under this section:

(a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.

(b) Noncommercial use of the mark.

History.—s. 1, ch. 67-58; s. 557, ch. 97-103; s. 17, ch. 2006-191.

F.S. 495.151 on Google Scholar

F.S. 495.151 on Casetext

Amendments to 495.151

Arrestable Offenses / Crimes under Fla. Stat. 495.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 495.151.

Annotations, Discussions, Cases:

Cases Citing Statute 495.151

Total Results: 18

Anderson v. Upper Keys Business Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-04-20

Citation: 61 So. 3d 1162, 2011 Fla. App. LEXIS 5569, 2011 WL 1485989

Snippet: violation of Florida’s dilution statute, section 495.151, occurs where a designation resembles the highly

Rooney v. SKEET'R BEAT'R OF SOUTHWEST FL.

Court: District Court of Appeal of Florida | Date Filed: 2005-02-23

Citation: 898 So. 2d 968, 2005 WL 415068

Snippet: trademark, and thereby sought recovery under section 495.151, Florida Statutes (1999). The second count sought

Sakura Japanese Steakhouse, Inc. v. Lin Yan, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-10-16

Citation: 827 So. 2d 1105, 2002 WL 31307074

Snippet: Inc., seeking injunctive relief under section 495.151, Florida Statutes (2001), in its first count and

Tortoise Island Homeowners Association, Inc. v. Tortoise Island Realty, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-07-13

Citation: 790 So. 2d 525, 2001 Fla. App. LEXIS 9707, 2001 WL 786746

Snippet: law unfair competition, and violation of section 495.151 (the anti-dilution statute adopted by the Florida

Great Southern v. First Southern

Court: Supreme Court of Florida | Date Filed: 1993-10-07

Citation: 625 So. 2d 463, 30 U.S.P.Q. 2d (BNA) 1522, 18 Fla. L. Weekly Supp. 525, 1993 Fla. LEXIS 1630, 1993 WL 391614

Snippet: common-law unfair competition, and violation of section 495.151, Florida Statutes *466 (1989) (Florida's dilution[1]

Great Southern Bank v. First Southern Bank

Court: District Court of Appeal of Florida | Date Filed: 1992-07-28

Citation: 601 So. 2d 584, 1992 WL 104626

Snippet: common-law unfair competition and violation of section 495.151, Florida Statutes (1989). At trial, appellee presented

Blanding Auto. Ctr., Inc. v. Blanding Auto., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-10-11

Citation: 568 So. 2d 490, 1990 WL 154737

Snippet: distinctive quality of its trade name under section 495.151, Florida Statutes (1987). The trial court agreed

Chase Medical Group v. Palmetto Clinic Center

Court: District Court of Appeal of Florida | Date Filed: 1989-10-03

Citation: 549 So. 2d 1111, 14 Fla. L. Weekly 2316, 1989 Fla. App. LEXIS 5374, 1989 WL 114479

Snippet: even though the anti-dilution statute, section 495.151, Florida Statutes (1987), eliminated the need to

Moishe's Inc. v. MOISHE'S STEAK HOUSE AND SEAFOOD, INC.

Court: District Court of Appeal of Florida | Date Filed: 1988-07-20

Citation: 528 So. 2d 519, 13 Fla. L. Weekly 1699, 1988 Fla. App. LEXIS 3134, 1988 WL 73620

Snippet: common law trademark infringement and section 495.151 Florida Statutes (1987), and sought a temporary

Gaeta Cromwell, Inc. v. Banyan Lakes Village

Court: District Court of Appeal of Florida | Date Filed: 1988-05-04

Citation: 523 So. 2d 624, 1988 WL 15436

Snippet: alleging in count I a cause of action under section 495.151, Florida Statutes (1985), and in *625 count II

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: reversal. Florida's anti-dilution statute, section 495.151, Florida Statutes (1985), protects a prior user

Tami Travel, Inc. v. Aventura Country Club

Court: District Court of Appeal of Florida | Date Filed: 1986-11-12

Citation: 497 So. 2d 919, 1986 Fla. App. LEXIS 10547

Snippet: 1985); Mercer v. Raine, 443 So.2d 944 (Fla.1983); § 495.151, Fla. Stat. (1983).

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: tradename and form of advertisement under section 495.151, Florida Statutes. Plaintiff-appellant, The American

Marks v. Cayo Hueso, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1983-09-13

Citation: 437 So. 2d 775, 1983 Fla. App. LEXIS 23648

Snippet: warrant injunctive relief pursuant to Section 495.151, Florida Statutes (1977), we affirm. In Key West

Wometco Enterprises, Inc. v. Buggy Bus, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1974-06-18

Citation: 296 So. 2d 606, 1974 Fla. App. LEXIS 7020

Snippet: violation of its trade name and trademark under § 495.151 Fla.Stat., F.S.A., and by soliciting business in

District Red Cross Shoe Stores, Inc. v. Shoe Villa, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1973-02-26

Citation: 273 So. 2d 424

Snippet: Fla.App.1972, 264 So.2d 35; Florida Statutes § 495.151, F.S.A. REED, C. J., and CROSS and MAGER, JJ.,

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: marks preserved by Section 495.161. F.S. Section 495.151, F.S.A., does, however, obviate the necessity in

Junior Food Stores of W. Fla. v. Jr. Food Stores, Inc.

Court: Supreme Court of Florida | Date Filed: 1969-09-17

Citation: 226 So. 2d 393

Snippet: See, for example, Fla.Stats. §§ 495.011(6) and 495.151, F.S.A. of the current revision, and note that