An often overlooked Florida statutory claim that may be brought in relationship to (or independent of) a claim of trademark infringement, the Florida Deceptive and Unfair Trade Practices Act (known as “FDUPTA”), codified at Florida Statutes 501.201-.213, is a consumer protection statute that our Florida Infringement Attorneys routinely assert when there is some form of unconscionable, deceptive or unfair act (or practice) made in trade or in commerce. Unlike a Lanham Act claim that requires interstate commerce, a claim based in FDUPTA, need only occur within Florida or impact Florida based consumers.

Our Florida IP Attorneys often plead a claim rooted in FDUPTA in addition to allegations of trademark infringement under the Lanham Act and/or Florida common law. In order to establish a valid FDUPTA claim, our Florida Infringement Attorneys must plead three requisite elements under Gavron v. Weather Shield Manufacturing, Inc., 819 F. Supp. 2d 1297, 1301 (S.D. Fla. 2011), namely: (a) a deceptive act or unfair practice, (b) causation, and (c) actual damages.

FDUPTA was passed by the Florida State Legislature in 1973 to complement the Federal Trade Commission and is thus known as the ‘Little FTC Act.’ The Florida statue protects consumers by offering private remedies unavailable under the Federal scheme.

Our Florida intellectual property attorneys specialize in asserting, as well as defending, FDUPTA claims in both state and Federal Court. Moreover when our Florida IP Attorneys address infringement matters we often use FDUPTA to seek declaratory and injunctive relief, as well the award of damages. This is because FDUPTA is remedial in nature and designed to protect consumers. Becon Prop. Mgmt Inc. v. PNR, Inc., 890 So. 2d 274, 279 (Fla. 4th DCA 2004). One such benefit is how FDUPTA provides our Florida intellectual property attorneys the ability to seek recovery of attorneys fees, which are available under Florida Statute 501.2105, when successfully bringing and/or defending such claims.