Monsanto Co. v. Campuzano
Cases that cite this one
4 later published cases cite this decision. The 3 that cite it most often are listed here.
- PRL USA Holdings, Inc. v. MIR Apparel, LLC (United States District Court for the Northern District of Georgia 2023)
- Casa Dimitri Corp. v. Invicta Watch Co. of America (United States District Court for the Southern District of Florida 2017)
- Turner Greenberg Associates, Inc. v. C & C IMPORTS, INC. (United States District Court for the Southern District of Florida 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Order Modifying Summary Judgment Orders
As noted in my previous orders granting summary judgment in part in favor of Merisant against Alvaro Buendia [D.E. 300] and the Trio defendants [D.E. 302], the Florida anti-dilution statute, Fla.Stat. § 495.151, is “not intended to apply to the use of a similar mark on similar goods.” Harley-Davidson Motor Company v. Iron Eagle of Central Florida, Inc., 973 F.Supp. 1421, 1425 (M.D.Fla. 1997). Rather, it should be applied where a trademark is used on a product so dissimilar from the original product that there is no possibility *1271 of confusion of the products, but instead a potential loss in uniqueness of the prior user’s mark. See Community Federal Savings and Loan Assoc. v. Orondorff, 678 F.2d 1034, 1037 (11th Cir. 1982).
Given the facts presented here, Merisant cannot prevail on its anti-dilution claims. Accordingly, upon further review and reflection, the previous orders granting in part summary judgment in favor of Meri-sant [D.E. 300, 302] are hereby modified as follows. Summary judgment in favor of Merisant is DENIED as to Count VII, but summary judgment is GRANTED in favor of Alvaro Buendia and the Trio defendants on Count VII.
If Merisant wishes to argue that my reading of the reach of the anti-dilution statute is incorrect, it may do so in a timely motion for reconsideration.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.