In order for a plaintiff to be entitled to relief for trade name infringement, a proprietary interest in the trade name is not the most essential element. Rather, it is sufficient to prove that the plaintiff has an interest in the good will of the business, which is threatened by the alleged unfair competition. Accordingly, a court of equity may afford a plaintiff relief based on his or her injury caused by deceptive and fraudulent conduct by a competitor. Additionally, Florida statutes prohibit the infringement of trade names and service marks. For instance, it is unlawful to use the name or logo of a financial institution, or of its affiliates or subsidiaries, when marketing to existing or prospective customers, if the marketing materials are used without the written consent of the financial institution, and in a manner that would lead a reasonable person to believe that the material or solicitation originated from, was endorsed by, or is related to the financial institution or its affiliates or subsidiaries. Therefore, even if an individual may have a right to use a trade name which happens to be similar to the trade name of another business, the individual's right to use the trade name does not authorize the person to use it in a deceptive or fraudulent manner.

A cause of action for unfair competition or deceptive business practices may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business and commercial torts lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.