The 2024 Florida Statutes
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. . . Infringement Count IV: Common Law Unfair Competition Count V: Trademark Dilution under Florida Statute § 495.151 . . .
. . . Stat. § 495.151. . . . Stat. §495.151. . . . Id. § 495.151(1). . . . mark is used); id. § 495.151(e) (trade channels); id. § 495.151(f) (degree of recognition); id. § 495.151 . . . Stat. § 495.151(1). . . .
. . . . § 495.151 et seq.; Count 'VIII, Unfair and Deceptive Trade Practices, Fla. . . .
. . . As to Count VI, Exist sought damages and injunqtive relief under Florida Statute section 495.151 for . . .
. . . . § '495.151 (“The owner of á mark that is famous in this state shall be entitled, subject to the principles . . . Stat. § 495.151(2) ("[T]he owner of a famous mark ... . . .
. . . . § 495.151 [D.E. 1 ¶¶ 48-52], Dilution under Florida law “differs from infringement in that it does . . . Stat. § 495.151(l)(a)-(h). . . . Stat. § 495.151 to track 15 U.S.C. § 1125(c), the Federal Trademark Dilution Act. . . .
. . . . § 495.151. . . .
. . . . § 495.151; (5) unfair competition under 15 U.S.C. § 1125(a); and (6) unfair competition under Florida . . .
. . . . § 495.151 (Count V), common law unjust enrichment (Count VI); misappropriation and conversion (Count . . . Stat. § 495.151, the Florida Registration and Protection of Trademarks Act) should be dismissed for lack . . .
. . . . § 495.151; (5) violating the Florida Deceptive and Unfair Trade Practices Act, Fla. . . .
. . . . § 495.151; and (6) violation of Florida’s “Antiphishing Act,” Fla. Stat. § 668.704. . . .
. . . Plaintiff also brings claims for injury to business reputation and dilution pursuant to Florida Statutes § 495.151 . . .
. . . . § 495.151, et seq. (Count TV); (5) misleading advertising in violation of Fla. . . .
. . . A violation of Florida’s dilution statute, section 495.151, occurs where a designation resembles the . . .
. . . . § 1202(b) (the “DMCA”); (6) injury to business reputation in violation of Section 495.151, Florida . . .
. . . advantage, trademark infringement under Florida Statutes § 495.131, dilution under Florida Statutes § 495.151 . . .
. . . Common Law Unfair Competition by all Defendants; Count X, Florida Dilution under Florida Statute § 495.151 . . .
. . . . § 495.151, and the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. . . . competition under the Florida Registration and Protection of Trademarks Act (FRPTA), Florida Statutes § 495.151 . . . (Counts VI and VII) The FRPTA and FDUTPA also permit an antidilution claim under Florida Statutes § 495.151 . . .
. . . . § 495.151 et seq. (Count IV); (5) misleading advertising in violation of Fla. . . .
. . . relationships and prospective business relationships, and (4) dilution in violation of Florida Statute § 495.151 . . .
. . . . § 495.151, et seq. ("Count IV”); (5) misleading advertising in violation of Fla. . . .
. . . . § 495.151); (5) Unfair Competition under Florida Statute; and (6) Florida common law trademark infringement . . .
. . . Defendant’s actions amount to an injury to business reputation and dilution under Florida Statute Section 495.151 . . . it has failed to alleged that its marks are famous, and thus cannot sustain an action under Section 495.151 . . .
. . . .; injury to business reputation and dilution of marks under § 495.151. Fla. . . .
. . . . § 495.151; and (4) cyberstalking under Fla. Stat. § 784.048. . . . Stat. § 495.151. . . . Stat. § 495.151 (2006) provided that one who adopts and uses a trademark or trade name has a cause of . . . Stat. § 495.151 (2007). . . .
. . . Beat’r’s business reputation and dilution of its trademark, and thereby sought recovery under section 495.151 . . .
. . . . § 495.151. . . .
. . . . § 495.151. See Tortoise Island Homeowners Ass’n, Inc. v. . . . Stat. § 495.151. 76. . . .
. . . Sakura filed a complaint against Lin Yan, Inc., seeking injunctive relief under section 495.151, Florida . . . Thereafter, Sakura sought a temporary injunction pursuant to section 495.151 against Lin Yan to enjoin . . . We conclude that the trial court faded to address the requirements of section 495.151 and that it erred . . . Section 495.151 addresses actions for dilution in Florida and provides the following: Every person .. . . . directions that the trial court conduct a full evidentiary hearing considering the requirements of section 495.151 . . .
. . . Florida’s Antidilution Statute Section 495.151 provides that the Court may enjoin the use of the same . . . Stat § 495.151. . . . and XX must be dismissed with prejudice to the extent that they assert causes of action under Section 495.151 . . . twenty are dismissed with prejudice to the extent that they state claims under Florida statutes, Section 495.151 . . .
. . . . § 495.151, is “not intended to apply to the use of a similar mark on similar goods.” . . .
. . . . § 495.151, is inapplicable to Merisant’s marks being copies by unauthorized individuals on boxes containing . . .
. . . . § 495.151, Florida’s anti-dilution statute. . . . Fla.Stat. § 495.151 Under Florida’s statute, neither confusion nor competition are necessary. . . .
. . . . §'495.151. Florida’s anti-dilution statute. . . . Fla.Stat. § 495.151 ■ Under Florida’s statute, neither confusion nor competition are necessary. . . .
. . . . § 495.151; the alleged violation of Florida's consumer protection law is based upon Fla. . . .
. . . . § 495.151 (West 2000). . . . 15 U.S.C. § 1125(a), as well as injury to business reputation and dilution under Florida Statute § 495.151 . . . Stat. § 495.151 provides for injunctive relief only. . . .
. . . Bank for common law trade name infringement, common law unfair competition, and violation of section 495.151 . . . In addition, the Association is entitled to relief under section 495.151, Florida Statutes, even if it . . . The statute provides: 495.151. . . .
. . . . § 1125(a), (2) unfair competition under Florida common law and (3) dilution under section 495.151 of . . .
. . . Stat. ch. 495.151 (injunction available if “there exists a likelihood ... of dilution of the distinctive . . .
. . . Florida common law unfair competition [Count V]; Florida trademark dilution in violation of Section 495.151 . . .
. . . . § 495.151 Every person, association, or union of workers adopting and using a mark, trade name, label . . .
. . . competition and trademark infringement, as well as for trademark dilution under Florida Statute section 495.151 . . . Stat. § 495.151. . . . Under section 495.151, a violation can also be based on a likelihood of injury to business reputation . . .
. . . . § 495.151, and dilution under Florida common law. . . . .
. . . . § 495.151 (“Florida Dilution Act”); and (4) common law unfair competition. . . . Fla.Stat. § 495.151. . . .
. . . Stat. 495.151 and Dilution of Frehling’s Mark Under Fla. . . . . § 495.151, the Plaintiff must show that Defendant’s mark caused “a likelihood of injury to the business . . . Stat. § 495.151 or Florida common law for dilution of Plaintiffs mark. D. . . .
. . . . § 495.151; and (3) Unfair competition, deceptive trade practices and false and misleading statements . . .
. . . . § 495.151, allows the Court to enjoin subsequent use of the same or similar mark if the Plaintiff proves . . . Stat. § 495.151. The Court has found that the marks are distinctive and entitled to 'protection. . . .
. . . . § 495.151; Ga.St. 10-1-451(b); 10. Stat. ch. 765 § 1035/15; see also Polaroid Corp. v. . . .
. . . . § 495.151, and Florida’s deceptive and unfair trade practices act, Fla.Stat. § 501.201; and for breach . . .
. . . Fla.Stat. ch. 495.151. . . . Florida Statute § 495.151 provides: Every person, association, or union of workingmen adopting and using . . . Fla.Stat. ch. 495.151 (1995). . . . .
. . . . § 495.151, and common law trademark infringement. . . .
. . . . § 495.151, and unfair and deceptive trade practices, pursuant to Fla.Stat. § 501.204(1), and a common . . . Section 495.151 provides that any person using a mark is entitled to an injunction enjoining: Subsequent . . . Fla.Stat. § 495.151. . . .
. . . unfair competition under common law and federal law, as well as trademark dilution in violation of § 495.151 . . .
. . . Section 495.151, Florida Statutes, provides: Every person, association, or union of workingmen adopting . . . Section 495.151 requires a showing of either a likelihood of injury to business reputation or a likelihood . . . The Court is not aware of any guidance in this area in cases interpreting Section 495.151. . . . determine whether the “class of purchasers” requirement should be applied to a dilution claim under Section 495.151 . . .
. . . . § 495.151 (1988); N.Y.Gen. Bus.Law § 368-d. . . .
. . . Bank for common-law trade name infringement, common-law unfair competition, and violation of section 495.151 . . . As a result, a number of states have adopted dilution statutes, and Florida’s section 495.151 is one. . . . to business reputation or 2) dilution of the distinctive quality of the trade name. § 495.151. . . . The trial judge found that a violation of section 495.151 occurred. . . . Section 495.151, Florida Statutes (1989), provides: Every person, association, or union of workingmen . . .
. . . . § 495.151, and unfair and deceptive trade practices, pursuant to Fla.Stat. § 501.204(1), and a common . . . Section 495.151 provides that any person using a mark is entitled to an injunction enjoining: Subsequent . . . Fla.Stat. § 495.151. . . .
. . . competition Count IV: common law palming off Count V: state trademark dilution under Florida Statutes § 495.151 . . . In addressing state trademark dilution under Florida Statutes § 495.151, the Eleventh Circuit has noted . . .
. . . alleged common-law trade name infringement, common-law unfair competition and violation of section 495.151 . . . complaint, we [sic] believe that plaintiff’s easiest task is under Count III which is based upon F.S. 495.151 . . . Section 495.151, Florida Statutes (1989) provides: Injury to business reputation; dilution.— Every person . . .
. . . Stat.Ann. section 495.151 and sections 501.201-501.213 (West 1982). . . . Id. .Fla.Stat.Ann. § 495.151 (West 1982) provides: Every person, association, or union of workingmen . . .
. . . . § 495.151 (West 1988). . Lanham Act § 43(a), 15 U.S.C. § 1125(a) (1988). . . . .
. . . HAMC Industries from using the name “Precision Services” in its business pursuant to Florida Statutes §495.151 . . . Florida Statutes § 495.151 states that: [A]ll courts having jurisdiction . . . shall grant injunctions . . . If the Plaintiff makes the required showing under Florida Statutes §495.151, Florida’s anti-dilution . . . In cases involving Florida Statutes §495.151, the rule has been relaxed even more. . . . See also Blanding, 568 So.2d 490 (permanent injunction granted under section 495.151 upon showing of . . .
. . . Section 495.151 provides that any person using a mark is entitled to an injunction enjoining: [Subsequent . . . Accordingly, injunctive relief under Florida Statutes § 495.151 is appropriate here to prevent further . . . Plaintiffs’ federal and common law rights in the Jaguar marks in violation of the Lanham Act and Fla.Stat. § 495.151 . . .
. . . injury to its business reputation or dilution of the distinctive quality of its trade name under section 495.151 . . . Consequently, appellee sought an injunction under section 495.151, Florida Statutes (1987). . . . This statute provides: 495.151. . . . Section 495.151, Florida Statutes (1987), expands the protections of trademark law by preventing the . . . establish loss of commercial value and to warrant the granting of relief to appellee under section 495.151 . . .
. . . . § 495.151 (1989); and (3) dilution of trademark and trade name in violation of Fla.Stat. § 495.151 . . . In addition to its Lanham Act claim, Ocean brings two claims under section 495.151 of the Florida Statutes . . . See Tally-Ho, Inc., 889 F.2d at 1025 (§ 495.151 eliminates need to show competition between parties or . . .
. . . . § 1116(a) of the Lanham Act, Florida Statute § 540.08, and Florida Statute § 495.151, on the ground . . . Count II was an action brought under Florida Statute § 495.151 (1989) for injury to Plaintiffs’ business . . .
. . . the common law; and that defendant has violated the Florida anti-dilution statute, Florida Statute § 495.151 . . . plaintiff has a claim for dilution of its trade name and service mark pursuant to Florida Statute § 495.151 . . . This court may award relief pursuant to § 495.151 if the plaintiff has proved: that there exists a likelihood . . . Fla.Stat. § 495.151. . . . and service mark infringement under common law; and for defendant’s violation of Florida Statute § 495.151 . . .
. . . The Florida statute also permits an “antidilution” claim under section 495.151. . . . In full, this passage states: F.S., Section 495.151, F.S.A., does, however, obviate the necessity in . . . The court in Abner’s Beef House was discussing Florida’s antidilution statute, section 495.151, which . . . Count IV alleges violation of Florida's antidilution statute, FLA.STAT. § 495.151 (1988). . . . . FLA.STAT.ANN. § 495.151 (West 1988). . . . .
. . . Finally, even though the anti-dilution statute, section 495.151, Florida Statutes (1987), eliminated . . .
. . . . § 495.151 (Count VI). . . . of trademark infringement and unfair competition, and Florida’s anti-dilution statute, Fla.Stat. § 495.151 . . .
. . . . § 495.151 for damage to business reputation. . . . STATS. 495.151. . . .
. . . Appellant filed an action under common law trademark infringement and section 495.151 Florida Statutes . . . The record fails to support a statutory basis for business dilution under section 495.151, Florida Statutes . . .
. . . . § 495.151. . . . Plaintiff’s dilution claim is based upon Fla.Stat.Ann. § 495.151. . . .
. . . Appel-lees filed a two-count complaint alleging in count I a cause of action under section 495.151, Florida . . . Relief was predicated solely upon section 495.151, Florida Statutes (1985), which provides: Injury to . . . and therefore the trial court did not err in granting the temporary injunction pursuant to section 495.151 . . . Since this language simply quotes from section 495.151, we conclude that the order is not in error, although . . .
. . . . §§ 1114(l)(a), 1125(a) (1982), as well as § 495.151 of the Florida Statutes and common law rights. . . . rights under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), as well as state, Fla.Sta.Ann. § 495.151 . . .
. . . Florida’s anti-dilution statute, section 495.151, Florida Statutes (1985), protects a prior user of a . . . the service mark “Cookie Jar,” enjoining subsequent use of the mark by a topless go-go bar), section 495.151 . . .
. . . . § 495.151. . . . Wesco’s advertising materials was a violation of the Lanham Act, 15 U.S.C. § 1125(a), Fla.Stat.Ann. § 495.151 . . . counts of the complaint for violations of the Lanham Act, 15 U.S.C. § 1125(a), and Fla.Stat.Ann. § 495.151 . . .
. . . . § 495.151 et seq. . Fla.Stat. § 501.201 et seq. . . . .
. . . . § 495.151 et seq. . Fla.Stat. § 501.201 et seq. . . . .
. . . Raine, 443 So.2d 944 (Fla.1983); § 495.151, Fla. Stat. (1983). . . .
. . . . § 495.151. . . .
. . . . § 495.151 (West 1972), which provides: Every person, association, or union of workingmen adopting and . . .
. . . . § 1125(a), violation of the Florida anti-dilution statute, § 495.151, Fla.Stats., and for common law . . . Additionally, Plaintiff relies upon the Florida anti-dilution statute, § 495.151, Fla. . . . Neither has it met the above requirement on its anti-dilution claim under § 495.151. . . .
. . . . § 1125 and Florida common law, and dilution under Florida Statute 495.151. . . .
. . . . § 495.151, the Plaintiff shall submit a Motion to Correct the Complaint within ten (10) days of the . . . Fla.Stat. § 495.141 to support the cause of action alleged in Count IV, the Court finds that Fla.Stat. § 495.151 . . . Fla.Stat. § 495.141, unlike § 495.151, is limited to the protection of registered marks or names. . . . As the Plaintiff does not allege state registration of the mark, Fla.Stat. § 495.151 would be the applica . . . only, the Court will treat Count IV of the Complaint as alleging a cause of action under Fla.Stat. § 495.151 . . .
. . . competition; Count 4 — dilution of Isaly’s trade' dress rights in violation of Florida Statute Section 495.151 . . .
. . . . § 495.151 and Ill.Ann.Stat. ch. 140, ¶ 22, § 15 (Smith-Hurd Supp.1984). . . . .
. . . . § 495.151 (1972) by using the Freedom Realty name. . . . Dilution A Florida statute, Section 495.151, expands the protections of trademark law by preventing persons . . .
. . . . § 495.151 (West 1984). . See Community Fed. Sav. & Loan Ass’n v. . . .
. . . Fla.Code Ann., § 495.151. . . . plaintiffs’ “Chassis Master” mark, defendants are also guilty of trademark dilution in violation of Section 495.151 . . .
. . . . § 495.151, which prohibits unfair competition and dilution of an established trade name. . . .
. . . business reputation and dilution of service mark, trade-name and form of advertisement under section 495.151 . . . tradename and form of advertisement and that the plaintiff is entitled to injunctive relief under section 495.151 . . .
. . . Four of the complaint the plaintiff is also entitled to injunctive relief under the provisions of § 495.151 . . .
. . . presented sufficient competent substantial evidence to warrant injunctive relief pursuant to Section 495.151 . . . Section 495.151, Florida Statutes (1977) protects a prior user of a trade name from injury to business . . . To establish a prior use under Section 495.151 it is not necessary that a party register its trade name . . . We hold that CHL has established a valid prior use of a trade name protectable under Section 495.151. . . . However, Section 495.151, enacted after Shupe, see Junior Food Stores of West Florida, Inc. v. Jr. . . .
. . . . § 495.151 and the common law of the State of Florida. 3. . . . An injunction may issue for violation of Fla.Stat. § 495.151, Injury to Business Reputation and Dilution . . . of Trademark, § 495.151. 25. . . .
. . . , on Count II of appellant’s amended complaint, seeking in-junctive relief under Florida Statutes § 495.151 . . . dispositive issue is whether the district court erred in denying appellant relief under Florida Statutes § 495.151 . . . Section 495.151 provides, in pertinent part: Every person .. . adopting and using a mark . . . may proceed . . .
. . . Section 495.151, Florida Statutes Annotated, states that any person using a mark or trade name may sue . . . Commenting on Section 495.151, the Florida Supreme Court has noted that the statute, as its language . . . Although it need not show competition or confusion to prove a violation of Section 495.151, it still . . . Section 495.151 appears to have eliminated the need for inquiry into territorial scope, requiring only . . .
. . . . § 495.151. Holiday Inns, Inc. v. Holiday Out In America, 481 F.2d 445 (5th Cir. 1973). . . .
. . . . § 495.151 (1977). . . .
. . . nomenclature, etc., similar to those of the plaintiff, in violation of its trade name and trademark under § 495.151 . . .