A cause of action for unfair competition may arise from an infringement or unfair competitive use of a trade name, which occurs when the name is imitated in a way that the general public, in the exercise of reasonable care, might mistake it for the name of the one first appropriating it.  When this type of similarity occurs and it diverts trade from a business rival, it is considered to be a fraud.  Therefore, the defendant may be subject to an injunction whether or not the prior user has an exclusive right to the use of the name. 

In order for a plaintiff to prevail on a cause of action based on infringement of a trade name or service mark, a plaintiff should first consult with an experienced West Palm Beach unfair or deceptive practices lawyer, whom will advise the plaintiff that he or she must prove the following:

• The plaintiff is the prior user of the trade name or service mark;
• The trade name or service mark is arbitrary or suggestive or has acquired secondary meaning;
• The defendant is using a confusingly similar trade name or service mark to indicate or identify similar services offered by it with plaintiff in the same trade area in which plaintiff has already established its trade name or service mark; and
• As a result of the defendant's action or threatened action, customer confusion as to the source or sponsorship of the defendant's goods or services is likely.

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.  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 trade name infringement may have many complex issues.  Therefore, you should consult with an experienced West Palm Beach unfair or deceptive practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Library for Infringement of Trade names:

• Cause of Action for Trade Name Infringement | Customer Confusion
  Description: West Palm Beach Unfair Business Practices Lawyer | Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.
• The Elements of a Claim for Infringement of Trade Name
  Description: West Palm Beach business and commercial torts lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
• Establishing a Claim for Tradename Infringement
  Description: West Palm Beach unfair or deceptive business practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

View All