PATRIA PUBLICATIONS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ELADIO ARMESTO AND PERIODICO PATRIA, INC., APPELLEES
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The court reversed summary judgment dismissing an unfair competition claim over the trade name "Patria," holding that the Spanish word is not generic as a matter of law and material factual disputes exist regarding abandonment.
A foreign-language word is not subject to being found generic as a matter of law, and summary judgment was improper where material factual issues existed regarding abandonment of the trade name.
[1] A foreign-language word is not subject to being found generic as a matter of law in a trade name dispute.
[2] Material factual issues regarding abandonment of a trade name preclude summary judgment in an unfair competition action.
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Join FLexlaw to unlock all legal intelligencePatria Publications sought an injunction against Eladio Armesto and Periodico Patria, Inc. for unfair competition in publishing a periodical using the…
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PER CURIAM.
The appellant’s ultimate cause of action before the trial court sought an injunction for unfair competition in the publication of a periodical, by the use of a trade name “Patria.” The trial court entered a summary judgment based upon a finding that the word “patria” was generic and not subject to exclusive use, plus the use of same had been “abandoned” by both parties and therefore the matter was moot. We reverse.
First, the name “patria”, which in Spanish means “homeland”, is not subject to being found to be generic as a matter of law. Florida Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla.1953); Quality Courts United, Inc. v. Jones, 59 So. 2d 20 (Fla.1952); American Bank of Merritt Island v. First American Bank and Trust, 455 So. 2d 443 (Fla. 5th DCA 1984); Williamson v. Answer Phone of Jacksonville, Inc., 118 So. 2d 248 (Fla. 1st DCA 1960). Second, the record discloses material issues of fact on abandonment by the parties, and therefore it was error to enter a summary judgment. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Florida East Coast Railway Company v. Metropolitan Dade County, 438 So. 2d 978 (Fla. 3d DCA 1983); Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981).
The matter is returned to the trial court for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Patria Publ'ns, Inc. v. Eladio Armesto & Periodico Patria, Inc., 593 So. 2d 574 (Fla. 3d DCA 1992)…However, this court reversed the summary judgment and remanded the action to the trial court for further proceedings. Patria Publications, Inc. v. Armesto, 542 So. 2d [*575] trial court for further proceedings. Patria Publications, Inc. v. Armesto, 542 So. 2d 1054 (Fla. 3d DCA 1989). After a non-jury trial, the trial court found that there was no actual use by the corporate entity, Pat-ria Publications, of the trademark “Patria” and, therefore, Patria Publications never gained any right to the trademark. More…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Fla. Ventilated Awning Co., Inc. v. Dickson, 67 So. 2d 215 (Fla. 1953)
- Burton Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981)
- Fla. E. Coast Ry. Co. v. Metro. Dade Cnty., 438 So. 2d 978 (Fla. 3d DCA 1983)
- Quality Courts United v. Jones, 59 So. 2d 20 (Fla. 1952)
- The Am. Bank OF Merritt Island v. First Am. Bank & Tr., 455 So. 2d 443 (Fla. 5th DCA 1984)
- Williamson v. Answer Phone OF Jacksonville, Inc., 118 So. 2d 248 (Fla. 1st DCA 1960)