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

View Entire Chapter

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: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-02-22T23:53:00-08:00

Citation: 898 So. 2d 968

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: Fla. Dist. Ct. App. | Date Filed: 2002-10-16T00:53:00-07:00

Citation: 827 So. 2d 1105

Snippet: Inc., seeking injunctive relief under section 495.151, Florida Statutes (2001), in its first count and…sought a temporary injunction pursuant to section 495.151 against Lin Yan to enjoin the use of the name &… failed to address the requirements of section 495.151 and that it erred in preventing Sakura from presenting…evidence relating to such requirements. Section 495.151 addresses actions for dilution in Florida and provides…hearing considering the requirements of section 495.151. We make no determination regarding whether a temporary

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-13T00:53:00-07:00

Citation: 790 So. 2d 525

Snippet: law unfair competition, and violation of section 495.151 (the anti-dilution statute adopted by the Florida…Association is entitled to relief under section 495.151, Florida Statutes, even if it had failed to establish…name infringement grounds. The statute provides: 495.151. Injury to business reputation; dilution Every

Great Southern v. First Southern

Court: Fla. | Date Filed: 1993-10-07T00:53:00-07:00

Citation: 625 So. 2d 463

Snippet: common-law unfair competition, and violation of section 495.151, Florida Statutes *466 (1989) (Florida's dilution… dilution statutes, and Florida's section 495.151 is one. Dilution differs from infringement in that…likelihood of confusion. A violation of section 495.151[18] is for the court to determine, based on either…of the distinctive quality of the trade name. § 495.151. Professor McCarthy explains the action for dilution… trial judge found that a violation of section 495.151 occurred. He based his conclusion in part upon

Great Southern Bank v. First Southern Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-28T00:53:00-07:00

Citation: 601 So. 2d 584

Snippet: common-law unfair competition and violation of section 495.151, Florida Statutes (1989). At trial, appellee presented…task is under Count III which is based upon F.S. 495.151. We [sic] believe that plaintiff has correctly …requirements for trade name protection. Section 495.151, Florida Statutes (1989) provides: Injury to business

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

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-11T00:53:00-07:00

Citation: 568 So. 2d 490

Snippet: injunction under section 495.151, Florida Statutes (1987). This statute provides: 495.151. Injury to business…distinctive quality of its trade name under section 495.151, Florida Statutes (1987). The trial court agreed…Automotive" as part of its name. *492 Section 495.151, Florida Statutes (1987), expands the protections…the granting of relief to appellee under section 495.151, Florida Statutes (1987). Gaeta Cromwell, 523 So… still be entitled to protection under section 495.151, Florida Statutes (1987), if the evidence establishes

Chase Medical Group v. Palmetto Clinic Center

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1988-07-20T00:53:00-07:00

Citation: 528 So. 2d 519

Snippet: common law trademark infringement and section 495.151 Florida Statutes (1987), and sought a temporary…statutory basis for business dilution under section 495.151, Florida Statutes (1987), since prior use by appellant

Gaeta Cromwell, Inc. v. Banyan Lakes Village

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-04T00:53:00-07:00

Citation: 523 So. 2d 624

Snippet: alleging in count I a cause of action under section 495.151, Florida Statutes (1985), and in *625 count II …competition. Relief was predicated solely upon section 495.151, Florida Statutes (1985), which provides: Injury…granting the temporary injunction pursuant to section 495.151, Florida Statutes. We agree with appellants that…Since this language simply quotes from section 495.151, we conclude that the order is not in error, although

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

Court: Fla. Dist. Ct. App. | Date Filed: 1988-01-18T23:53:00-08:00

Citation: 523 So. 2d 1158

Snippet: . Florida's anti-dilution statute, section 495.151, Florida Statutes (1985), protects a prior user…1161 the mark by a topless go-go bar), section 495.151 has also been invoked where the prior and subsequent

Tami Travel, Inc. v. Aventura Country Club

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-12T00:00:00-08:00

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

Snippet: ; Mercer v. Raine, 443 So.2d 944 (Fla.1983); § 495.151, Fla. Stat. (1983). No. 86-32 District

American Bank v. First American Bank & Trust

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-02T00:53:00-07:00

Citation: 455 So. 2d 443

Snippet: tradename and form of advertisement under section 495.151, Florida Statutes. Plaintiff-appellant, The American…is entitled to injunctive relief under section 495.151, Florida Statutes. The trial court dismissed plaintiff

Marks v. Cayo Hueso, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-13T00:53:00-07:00

Citation: 437 So. 2d 775

Snippet: warrant injunctive relief pursuant to Section 495.151, Florida Statutes (1977), we affirm. In Key West…totally unrelated to the Casa Marina Hotel. Section 495.151, Florida Statutes (1977) protects a prior user …trade name. To establish a prior use under Section 495.151 it is not necessary that a party register its trade… use of a trade name protectable under Section 495.151. Nonetheless, the defendants, relying upon Sun …." Shupe, supra, at 805. However, Section 495.151, enacted after Shupe, see Junior Food Stores of

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

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-18T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1973-02-26T00:00:00-08:00

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: Fla. | Date Filed: 1969-10-28T23:53:00-08:00

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: Fla. | Date Filed: 1969-09-17T00:53:00-07:00

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