Florida/Georgia Personal Injury & Workers Compensation

...[3] The distinctiveness of the mark is also referred to as its strength. Restatement (Third) of Unfair Competition section 21, comment i. [4] The Supreme Court of Florida analyzed Great Southern Bank v. First Southern Bank based on federal cases because section 495.181, Florida Statutes, is patterned on the Lanham Act....

...We have answered the certified question based on Florida's common law. This however does not end our inquiry. II. The Lanham Act A. Distinctiveness We also analyze this case based on cases decided under comparable provisions of the federal Lanham Act [3] [hereinafter Act], because section 495.181, Florida Statutes (1991), [4] directs that these cases be given *467 great weight when construing chapter 495, Florida Statutes (1991)....

...Richard Store Co. v. Richard's Warehouse Sales & Auction Gallery, Inc., 63 So.2d 502, 502 (Fla. 1953) (granting injunction where name "deceives the public and leads it to believe that the two corporations are the same"). [3] 15 U.S.C. §§ 1051-1127 (1991). [4] Section 495.181, Florida Statutes (1991), provides: "It is the intent of the Legislature that, in construing this chapter, due consideration and great weight be given to the interpretations of the federal courts relating to comparable provisions of the Trademark Act of 1946, as amended (15 U.S.C. § 1051 et seq.) [the Lanham Act]." Section 495.181 became effective on October 1, 1990, after the commencement of the alleged infringement in this case....

...us observances and missionary services, church services, namely rendering ministerial and religious counseling services. 15. On July 2, 1998, the Plaintiff registered (T98000000764) the mark "SEVENTH-DAY ADVENTIST" in Florida under Chapter 495, F.S. § 495.181, F.S....

...l investment portfolios. Further, a registration of a trademark in Florida may be cancelled by a court order. Fla. Stat. Ann. § 495.101 (West). Florida trademark law should be interpreted consistently with the federal trademark law. Fla. Stat. Ann. § 495.181 (West) (“The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended....

...Both parties, as well as the trial court, cite Great Southern Bank v. First Southern Bank, 625 So.2d 463 (Fla.1993) as the controlling trade name case for this state. In that case, the Florida Supreme Court relied on federal decisions interpreting comparable provisions of the Lanham Act, [2] "because section 495.181, directs that the federal cases be given great weight when construing chapter 495." In that case, First Southern Bank sued the Great Southern Bank for common law trade name infringement, common law unfair competition, and violation of section 495.151 (the anti-dilution statute adopted by the Florida Legislature)....

instructions to reinstate Promotora’s complaint. See § 495.181, Fla. Stat. (Supp.l998)(“It is the intent of the

...bservances and missionary services, church services, namely rendering ministerial and religious counseling services. 15. On July 2, 1998, the Plaintiff registered (T98000000764) the mark “SEVENTH-DAY ADVENTIST” in Florida under Chapter 495, F.S. § 495.181, F.S....

...e trademark (service mark); and (2)there is a likelihood of confusion caused by UKBG’s use of his mark. Gulf Coast Commercial Corp. v. Gordon River Hotel Assocs., No. 2:05-cv-564-FtM-33SPC, 2006 WL 1382072 , at *4 (M.D.Fla. May 18, 2006); see also § 495.181, Fla....