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

Florida District Courts of Appeal
American Pest Corps. v. Barco Chemicals Division, Inc., 317 So. 2d 789 (1975)
1975 Fla. App. LEXIS 13821
Owen, Theron, Walden, Yawn

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

Opinion of the Court

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 Repealed by Ch. 73-124, Laws of Fla.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).

Reference

Full Case Name
AMERICAN PEST CORPS., INC., a Florida Corporation, and Henry Wolfman v. BARCO CHEMICALS DIVISION, INC., a Florida Corporation
Cited By
2 cases
Status
Published