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Florida Statute 495.141 - Full Text and Legal Analysis
Florida Statute 495.141 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 495.141 Case Law from Google Scholar Google Search for Amendments to 495.141

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 495
REGISTRATION AND PROTECTION OF TRADEMARKS
View Entire Chapter
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 CourtListener

Amendments to 495.141


Annotations, Discussions, Cases:

Cases Citing Statute 495.141

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Tally-Ho, Inc., a Florida Corp., Plaintiff-Counter-Defendant-Appellant v. Coast Cmty. Coll. Dist., Defendant-Counter-Plaintiff-Appellee, 889 F.2d 1018 (11th Cir. 1990).

Cited 101 times | Published | Court of Appeals for the Eleventh Circuit

...In this action, Tally-Ho’s registration is prima facie evidence of its right to use the “You and the Law” trademark in Florida subject only to Coast’s common law rights. The Act permits a registrant to sue for infringement under FLA.STAT.ANN. § 495.131 (West 1988) 9 and pursue remedies under FLA.STAT.ANN. § 495.141 (West 1988)....
...ded to be used upon or in conjunction with the sale, offering for sale, distribution or advertising in this state of goods or services; Shall be liable in a civil action by the owner of such registered mark for any or all of the remedies provided in § 495.141, except that under subsection (2) hereof the registrant is not entitled to recover profits or damages unless the acts have been committed with knowledge that such mark was intended to be used to cause confusion or mistake or to deceive....
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Am. Bank v. First Am. Bank & Trust, 455 So. 2d 443 (Fla. 5th DCA 1984).

Cited 16 times | Published | Florida 5th District Court of Appeal | 9 Fla. L. Weekly 1699, 1984 Fla. App. LEXIS 13966

...by virtue of the facts alleged in count one and because of the defendant's knowledge that its mark is intended to be used to cause confusion or mistake or to deceive (§ 495.131(2), Fla. Stat.), the plaintiff is entitled to the remedies provided in section 495.141, Florida Statutes....
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Abner's Beef House Corp. v. Abner's Internat'l, Inc., 227 So. 2d 865 (Fla. 1969).

Cited 14 times | Published | Supreme Court of Florida

...faith at any time at common law. F.S. Section 495.131, F.S.A., which provides infringement of a registered mark shall subject the infringer to the liability of a civil action by the owner of the mark and to the injunctive and damage remedies of F.S. Section 495.141, F.S.A., is made subject to the common law rights in marks preserved by Section 495.161....
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Big Tomato v. Tasty Concepts, Inc., 972 F. Supp. 662 (S.D. Fla. 1997).

Cited 12 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12307, 1997 WL 523677

...Motion to Strike Defendants move to strike Plaintiff's request that "Defendants be required to pay as punitive damages a sum equal to three(3) times the amount of Plaintiff's actual damages." While Defendants admit that the awarding of treble damages is discretionary under 15 U.S.C. § 1117(a) and Fla. Stat. § 495.141, they assert that such award may not be punitive in nature....
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Anheuser-Busch, Inc. v. A-B Distributors, Inc., 910 F. Supp. 587 (M.D. Fla. 1995).

Cited 10 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 21854, 1995 WL 750325

...confusion as to the source of goods or services," if Plaintiff makes a showing that there "[1] exists a likelihood of injury to business reputation or [2] of dilution of the distinctive quality of the mark, trade name, label or form of advertisement of the prior user...." Fla.Stat. § 495.141....
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Abner's Int'l, Inc. v. Abner's Beef House Corp., 220 So. 2d 683 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 161 U.S.P.Q. (BNA) 638, 1969 Fla. App. LEXIS 6099

...or sale of any counterfeits or imitations * * * ” of that service mark, and the statute grants power to the courts of this State to grant injunctions so as to restrain such use or display of the service mark as the court deems just and reasonable. § 495.141(1), Fla.Stat....
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Maison Realty, Inc. v. Meredith Corp., 633 So. 2d 27 (Fla. 3d DCA 1994).

Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 301, 1994 WL 19641

principles of equity. See 15 U.S.C. § 1117(a); § 495.141, Fla. Stat. The federal statute states that damages
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La Terraza De Marti, Inc. v. Key West Fragrance & Cosmetic Factory, Inc., 617 F. Supp. 544 (S.D. Fla. 1985).

Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 16495

...U.S.C. § 1114(1) (Count I); false designation of origin under 15 U.S.C. § 1125(a) (Count II); unfair competition/deceptive trade practice under Florida common law (Count III); and injury to business reputation and dilution of mark under Fla.Stat. § 495.141 (Count IV) [1] ....
...the Defendant's Motion to Dismiss Count IV of the Complaint is hereby DENIED. To recapitulate, the Defendant's Motion to Dismiss or for Summary Judgment is hereby DENIED. However, in light of the Plaintiff's seemingly incorrect reliance on Fla.Stat. § 495.141, rather than Fla.Stat....
...of Material Facts. Finally, it is ORDERED AND ADJUDGED that the Defendant shall file an answer to the Plaintiff's Complaint within ten (10) days of the date of the entry of this Order. NOTES [1] Although the Plaintiff's Complaint relies on Fla.Stat. § 495.141 to support the cause of action alleged in Count IV, the Court finds that Fla.Stat. § 495.151 is the statute which provides a cause of action for injury to business reputation and dilution of mark. Fla.Stat. § 495.141, unlike § 495.151, is limited to the protection of registered marks or names....

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