CopyCited 101 times | Published | Court of Appeals for the Eleventh Circuit
... FLA. STAT.ANN. §
495.061(2) (West 1988); 8 Abner’s Beef House Corp. v. Abner’s Int'l, Inc.,
227 So.2d 865, 866 (Fla.1969). The Florida Trademark Act however explicitly preserves common law rights in marks acquired in good faith. FLA.STAT.ANN. §
495.161 (West 1988) (“Nothing herein shall adversely affect or diminish the rights or the enforcement of rights in marks acquired in good faith at any time at common law.”)....
...e right to use the mark in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein. 9 .This section, entitled "Infringement,” provides: Subject to the provisions of § 495.161, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter on any goods or in connection with the sale, offering for sale, distr...
CopyCited 14 times | Published | Supreme Court of Florida
...ecree which was reversed by the District Court. We first call attention to the pertinent provisions of Chapter 495, F.S., relating to trademarks, tradenames and service marks, and to other authorities which have led us to reach the result indicated. Section 495.161 expressly provides that Chapter 495 shall not adversely affect or diminish rights or the enforcement of rights in marks acquired in good faith at any time at common law....
...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....
CopyCited 12 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 22314, 1998 WL 1048245
...n identical to or at least confusingly similar to Inmuno's. Count IV also arises under the Lanham Act, 15 U.S.C. § 1125(a), but relates to Nutrivida's unauthorized and misleading use of Andres Garcia's name, likeness and image. Count V arises under Section 495.161 of the Florida Statutes and states a claim for common law trademark infringement and unfair competition relating to Nutrivida's use of a seal design identical to or at least confusingly similar to Inmuno's....
...Count XII arises under the common law of Florida and states a claim for unjust enrichment relating to Nutrivida's various and combined acts of infringing Inmuno's rights to the seal design, the Oscar Schuler Egg name, and the name, likeness and image of Andres Garcia. Finally, Count XIII arises under Section 495.161 of the Florida Statutes and states a claim for dilution of Inmuno's trademark rights in the seal design....
CopyCited 3 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 35289, 2010 WL 1029247
...f, is the federally registered user, it is entitled to a presumption of exclusive rights. It is true that a federally registered user of a mark is entitled to exclusive nationwide protection of the mark. 15 U.S.C. § 1125 (2006); see also Fla. Stat. § 495.161 (2007) (granting exclusive statewide rights to state registrants)....
