CALIFORNIA CLUB REALTY, INC., APPELLANT,
v.
COUNTRY CLUB REALTY OF SOUTH FLORIDA, INC., GOODMAN REALTY, INC., D/B/A COUNTRY CLUB REALTY, HARVEY PITTERMAN AND ALBERT GOODMAN, APPELLEES
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California Club Realty sued to prevent competitors from using the trade name 'Country Club Realty,' claiming trademark infringement and unfair competition. The court affirmed summary judgment for the defendants, finding the trade names sufficiently dissimilar to prevent customer confusion and that the generic term 'Club Realty' cannot be exclusively appropriated.
The court held that the competing trade names are so dissimilar as to preclude any reasonable likelihood of customer confusion and that, as a matter of law, the trade name 'California Club Realty, Inc.' is not susceptible to exclusive appropriation. Therefore, the plaintiff was not entitled to the relief sought.
[1] Trade names that are so dissimilar as to preclude any reasonable likelihood of customer confusion are not subject to exclusive appropriation.
[2] Trade names that are dissimilar as a matter of law are not susceptible to exclusive appropriation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the competing trade names at issue in this case — California Club Realty, Inc. vs. Country Club Realty, Inc. — are so dissimilar as to preclude any reasonable likelihood of customer confusion”
Establishes the court's primary holding that the trade names are sufficiently different to prevent confusion
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Join FLexlaw to unlock all legal intelligenceCalifornia Club Realty, Inc. sought to prevent Country Club Realty of South Florida, Inc. and related parties from using a similar trade name. The com…
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PER CURIAM.
Finding that the competing trade names at issue in this case — California Club Realty, Inc. vs. Country Club Realty, Inc. — are so dissimilar as to preclude any reasonable likelihood of customer confusion, and that, as a matter of law, the trade name California Club Realty, Inc. is not susceptible to exclusive appropriation, we affirm the final summary judgment under review. Contrary to the arguments of the plaintiff California Club Realty, Inc., we see no genuine issues of material fact in this case and agree with the trial court that, as a matter of law, the plaintiff was not entitled to the relief sought in its complaint. We have not overlooked the plaintiffs extensive arguments for reversal in this cause, but find them unpersuasive. See, e.g., Universal City Studios, Inc. v. Nintendo Co., 746 F. 2d 112, 113-118 (2d Cir.1984); Chesebrough-Pond’s, Inc. v. Faberge, Inc., 666 F. 2d 393, 397-98 (9th Cir.) cert. denied, 459 U.S. 967, 103 S.Ct. 294, 74 L.Ed.2d 277 (1982); Durham Industries, Inc. v. Tomy Corp., 630 F. 2d 905, 912 (2d Cir.1980); B & L Sales Associates v.
H. Daroff & Sons, Inc., 421 F. 2d 352, 354 (2d Cir.), cert.3 denied, 398 U.S. 952, 90 S.Ct. 1873, 26 L.Ed.2d 292 (1970); Webb’s City, Inc. v. Bell Bakeries, Inc., 226 F. 2d 700, 702 (5th Cir.1955); Junior Food Stores, Inc. v. Jr. Food Stores, Inc., 226 So. 2d 393, 396-98 (Fla.1969); Addison v. Hook, 91 Fla. 337, 343-44, 107 So. 623, 625 (1926); American Bank v.
First American Bank & Trust, 455 So. 2d 443, 445-47 (Fla. 5th DCA 1984), pet. for review denied, 461 So. 2d 114 (Fla.1985); § 495.131, Fla.Stat. (1985).
The final summary judgment under review is, therefore, in all respects
Affirmed.
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Citator
Cited By
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TIO Pepe, Inc. v. EL TIO Pepe de Miami Rest., Inc., 523 So. 2d 1158 (Fla. 3d DCA 1988)…of confusion. See Crown Cent. Petroleum v. Standard Oil Co., 135 So. 2d 26, 30 (Fla. 1st DCA 1961) (quoting Webb’s City, Inc. v. Bell Bakeries, 226 F. 2d 700 (5th Cir.1955)); cf. California Club Realty, Inc. v. Country Club Realty of S. Fla., Inc., 493 So. 2d 37 (Fla. 3d DCA 1986). “[Ljikelihood of confusion is a question of fact and in arriving at a conclusion all relevant factors should be considered in an overall perspective.” American Bank of Merritt Island, 455 So. 2d at 447 (Fla. 5th DCA 1984) (emphas…1 / 2
Authorities Cited (12 total)
- Durham Indus., Inc. v. Tomy Corp., 630 F.2d 905 (2d Cir. 1980)
- Universal City Studios, Inc. v. Nintendo Co., Ltd., 746 F.2d 112 (2d Cir. 1984)
- Cardin v. De La Cruz, 459 U.S. 967 (U.S. 1982)
- Boston Firefighters Union v. Boston Chapter, 459 U.S. 967 (U.S. 1982)
- Junior Food Stores OF W. Fla., Inc. v. JR. Food Stores, Inc., 226 So. 2d 393 (Fla. 1969)
- B & L Sales Assocs. v. H. Daroff & Sons, Inc., 421 F.2d 352 (2d Cir. 1970)
- The Am. Bank OF Merritt Island v. First Am. Bank & Tr., 455 So. 2d 443 (Fla. 5th DCA 1984)
- I. Addison and the Tampa Mattress Factory v. Hooks, 91 Fla. 337 (Fla. 1926)
- Chesebrough-Pond's, Inc. v. Faberge, 666 F.2d 393 (9th Cir. 1982)
- Webb's City v. Bell Bakeries, Inc., 226 F.2d 700 (5th Cir. 1955)