1 Elements and Case Citations
- Plaintiff is the prior user of the trade name, service mark or trade mark (collectively, “trade symbol”);
- Plaintiff’s trade symbol is arbitrary or suggestive or has acquired secondary meaning;
- Defendant is using a confusingly similar trade symbol to identify a similar good marketed or services rendered in competition with the plaintiff in the same area of the plaintiff’s established trade symbol; and
- Defendant’s actions will likely cause consumer confusion as to the sponsorship of the good or service.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.