Florida Statutes 495.151 – Dilution
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(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.
Terms Used In Florida Statutes 495.151
- Dilution: means the lessening of the capacity of a mark to identify and distinguish goods or services, regardless of the presence or absence of:(a) Competition between the owner of the mark and other parties. See Florida Statutes 495.011
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Mark: includes any trademark, service mark, certification mark, or collective mark entitled to registration under this chapter, whether or not registered. See Florida Statutes 495.011
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Trade name: means any name used by a person to identify a business or vocation of such person. See Florida Statutes 495.011
- Trademark: means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown. See Florida Statutes 495.011
- Use: means the bona fide use of a mark in the ordinary course of trade and not used merely for the purpose of reserving a right in a mark. See Florida Statutes 495.011
(b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used.(c) The duration and extent of advertising and publicity of the mark in this state.(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.
(c) All forms of news reporting and news commentary.