Florida's new trademark act took effect on January 1, 2007. The new trademark law updated the earlier version so as to better reflect the principles of federal trademark law. In practice the new law strengtens trademark rights for small businesses which limit their business activity within the state of Florida. In my opinion one of the most important aspects of the new law is that it also provides further clarification of the mysteriously evasive theory known as "trademark dilution." Unfortunately, the new law does not mirror the brand new Federal Law on Dilution known as the Trademark Dilution Revision Act of 2006. Even so, the new clarifying language significantly improves trademark rights in Florida.
Frank Herrera
Trademark Headquarters
Monday, January 22, 2007
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