AMERICAN PEST CORPS., INC., A FLORIDA CORPORATION, AND HENRY WOLFMAN, APPELLANTS,
v.
BARCO CHEMICALS DIVISION, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1975-08-22
No. 74-166
WALDEN, C. J., and YAWN, THERON, Associate Judge, concur.
317 So. 2d 789 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 4 cases
Opinion of the Court
OWEN, Judge.

OWEN, Judge.

In a suit brought by appellee under the Uniform Deceptive Trade Practices Act, Fla.Stat. § 817.69 et seq. (1969),1 the court entered a summary judgment in which it enjoined the defendant-appellants from further use of certain trade names and from certain trade practices.

We conclude that the disposition of the case via summary judgment was inappropriate in that there were genuine issues of material fact as to whether appellants’ conduct caused the likelihood of confusion or of misunderstanding on the part of the public either as to (1) the source, sponsorship, approval, or certification of goods or services, or (2) the affiliation, connection, or association with or certification by plaintiff-appellee.

The summary judgment is reversed and the cause remanded for further proceedings.

Reversed and remanded.

WALDEN, C. J., and YAWN, THERON, Associate Judge, concur. . Repealed by Ch. 73-124, Laws of Fla. (1973).

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  • Wyndham Vacation Resorts, Inc. v. Timeshares Direct, Inc., 123 So. 3d 1149 (Fla. 5th DCA 2012)
    …at under section 510.211(1), “anyone aggrieved” includes broader class of complainants than merely consumers; scope of injunctive remedy is greater than actual damage remedy under section 510.211(2)); Am. Pest Corps., Inc. v. Barco Chem. Div., Inc., 317 So. 2d 789, 790 (Fla. 4th DCA 1975) (finding that competitor’s actions that caused likelihood of confusion by public about source, sponsorship, approval and affiliation was actionable under FDUTPA). The trial court’s partial summary judgment against Wyndham o…
  • Merit Publ'ns, Inc. v. Compact Publ'ns, Inc., 411 So. 2d 312 (Fla. 3d DCA 1982)
    …789, 11 L.Ed.2d 661, 667 (1964) (state action aimed at protecting businesses in the use of trade dress not pre-empted by federal law); Sentco, Inc. v. McCulloh, 68 So. 2d 577 (Fla.1953); American Pest Corps., Inc. v. Barco Chemicals Division, Inc., 317 So. 2d 789 (Fla. 4th DCA 1975); Crown Central Petroleum Corp. v. Standard Oil Co., 135 So. 2d 26 (Fla. 1st DCA 1961), cert. denied, 142 So. 2d 731 (Fla.1962). Reversed and remanded for further proceedings.…

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