(1) Use any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, to cause mistake, or to deceive; or
(2) Reproduce, counterfeit, copy, or colorably imitate a mark registered under this chapter and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, to cause mistake, or to deceive;
shall be liable in a civil action by the owner of such registered mark for any or all of the remedies provided in s. 495.141, except that under subsection (2) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
History.—s. 1, ch. 67-58; s. 14, ch. 2006-191.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 495 - Registration and Protection of Trademarks
495.031 - Application for Registration.
495.035 - Filing of Applications.
495.041 - Use by Related Companies.
495.061 - Certificate of Registration.
495.071 - Duration and Renewal.
495.081 - Assignments; Changes of Name; Security Interests.
495.121 - Fraudulent Registration.
495.145 - Forum for Actions Regarding Registration.
495.171 - Effective Date; Repeal of Conflicting Acts.