American Pest Corps. v. Barco Chemicals Division, Inc.

District Court of Appeal of Florida

American Pest Corps. v. Barco Chemicals Division, Inc.

317 So. 2d 789, 1975 Fla. App. LEXIS 13821

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1975

DocketNo. 74-166

StatusPublished

Cited by2 cases

This text of 317 So. 2d 789 (American Pest Corps. v. Barco Chemicals Division, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American Pest Corps. v. Barco Chemicals Division, Inc., 317 So. 2d 789, 1975 Fla. App. LEXIS 13821 (Fla. Ct. App. 1975).

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Opinion

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.

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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.

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317 So. 2d 789, 1975 Fla. App. LEXIS 13821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-pest-corps-v-barco-chemicals-division-inc-fladistctapp-1975.

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