Protecting your intellectual property can require more than federal law—it’s also a matter of Florida state law. While creators and businesses often rely on federal statutes, Florida provides its own powerful legal tools to safeguard trademarks, trade secrets, and business goodwill. From the Florida Trademark Act and its anti-dilution provisions to the Florida Uniform Trade Secrets Act and the Deceptive and Unfair Trade Practices Act, state-level protections can strengthen your position against infringement, misappropriation, or unfair competition.
Understanding how these laws work—and how they complement federal remedies—can make the difference between losing valuable rights and securing the full protection your innovations deserve. For assistance with your intellectual property matter, contact an experienced Miami intellectual property attorney at The Lomnitzer Firm P.A.
Trademarks are a common form of valuable intellectual property for business owners. The Lanham Act, a federal law, governs registration of trademarks at the federal level. However, the Florida Trademark Act, Fla. Stat. § 495.011 et seq., establishes the registration process for trademark rights under state law. This act also outlines the renewal and enforcement processes for trademarks in the state of Florida.
The combination of state and federal trademark rights can provide business owners with the strongest possible legal protection for their trademarks, as it allows for infringement claims under both state and federal law. State law remedies can be a valuable bargaining tool in settlement negotiations where federal law remedies are also in play.
The Florida Trademark Act also provides for anti-dilution remedies in the case of trademark infringement. Under Fla. Stat. § 495.151, a trademark holder can seek legal relief in the form of an injunction against further infringement if it dilutes or adversely affects the unique qualities of a trademark. This avenue of relief can be crucial when trademark infringement negatively impacts goodwill, brand identity, and the business as a whole.
In addition to remedies under the anti-dilution statute, remedies under Florida trademark laws can include the following:
A party complaining of infringement may seek damages in an amount that is three times the actual damages resulting from the unauthorized trademark usage. To prove payment of profits, the only burden on the complaining party is to prove the volume of sales related to the infringement. If the court finds that the amount of compensation to which the complaining party is entitled based on profits is excessive or inadequate, the court may enter judgment for a fair amount based on the circumstances of the case.
Another important category of intellectual property for business owners is trade secrets. The Florida Uniform Trade Secrets Act (FUTSA), Fla. Stat. § 688.001 et seq., outlines the definitions and enforcement mechanism for misappropriation of trade secrets. Under Fla. Stat. § 688.002(4), trade secrets are:
Information, including a formula, pattern, compilation, program, device, method, technique, or process that:
When another party misappropriates a trade secret, FUTSA permits the trade secret owner to file a civil suit against that party. Potential remedies include injunctions against further misappropriation and actual damages or compensation for unjust enrichment. In particularly grievous cases, trade secret owners may seek punitive damages. Intentional misappropriation also may result in an award of attorney’s fees to the prevailing party in the suit.
The most common scenario from which trade secret misappropriation litigation arises occurs when a former employee or associate violates a restrictive covenant or nondisclosure agreement. These contractual agreements generally are valid under state law if they meet certain statutory and public policy requirements. The combination of FUTSA and contractual provisions enables trade secret owners to pursue legal remedies in the event of unauthorized disclosure.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.001 et seq., can serve as an additional means of pursuing trademark infringement or trade secret misappropriation claims. Although FDUTPA generally governs torts related to consumer protection and business, it can also arise in trademark and trade secret cases. Suppose an individual or business infringes upon a trademark or misappropriates a trade secret in a manner that also constitutes unfair competition and damages others. In that case, an FDUTPA claim may also be a suitable option.
FDUTPA is a useful claim to add to a trade secrets misappropriation claim when a party’s actions rise to the level of unfair or deceptive trade practices. Likewise, an FDUTPA claim can be added to a trademark infringement claim when the infringement creates confusion in the marketplace.
Most importantly, FDUTPA provides another means to receive compensation and injunctive relief, as well as an award of attorney’s fees to the prevailing party. Therefore, a claim under FDUTPA can strengthen a trademark infringement or trade secret misappropriation claim in circumstances where the complaining party can prove the existence of a deceptive trade practice that offends public policy, is immoral or unethical, or is injurious to others.
Licensing agreements are contracts that outline each party’s obligations when one party wishes to use a licensed product belonging to another. Similarly, franchising agreements permit a person or business to utilize an existing brand to build their business within a certain scope. These agreements provide benefits for both parties, in that one party receives payment in exchange for the other party being able to use the licensed material or franchise brand in their own business.
Typical provisions in licensing and franchising agreements include terms, fees, renewal options, termination clauses, and confidentiality provisions. Ensuring that these agreements clearly define each party’s rights and responsibilities is key to preventing any future confusion or disagreements.
Florida does not have a specific law that governs either franchise or licensing agreements. Instead, various federal and state laws affect the franchising and licensing processes. For instance, franchisors must execute a Franchise Disclosure Document at least 14 days before signing a franchise agreement. However, unlike in other states, franchise disclosure documents do not need to be registered with the state of Florida. Likewise, parties to a licensing agreement are not required to register the agreement with the state.
Federal registration under the Lanham Act provides nationwide protection, but Florida’s Trademark Act adds another layer of security. State registration allows you to bring infringement claims in Florida courts, seek remedies like treble damages and injunctions, and use state law as leverage in settlement negotiations. Together, state and federal protections give you the strongest possible defense against infringement.
For smaller companies, state-level protections can be especially valuable. Registering a trademark in Florida is often faster and less expensive than pursuing federal registration, giving startups a practical way to establish early rights. Florida’s trade secret and unfair competition laws also provide remedies that can be crucial when a business lacks the resources for lengthy federal litigation. These tools help level the playing field and protect innovation at every stage of growth.
FDUTPA is often used in consumer protection cases, but it can also strengthen trademark infringement or trade secret misappropriation claims. If the infringing or misappropriating conduct amounts to unfair competition—such as creating marketplace confusion or engaging in deceptive practices—you may be able to pursue additional remedies under FDUTPA, including compensation, injunctive relief, and attorneys’ fees.
Your ideas, brand, and creative work are among your most valuable assets—and Florida law gives you powerful tools to defend them. Whether you’re safeguarding trade secrets, protecting your trademark, or pursuing action against unfair competition, knowing your rights under state law can make all the difference. Don’t wait until your intellectual property is at risk. The Lomnitzer Firm P.A. is here to help you assess your protections, enforce your rights, and build a strategy that keeps your innovations secure. Contact us today by calling (800) 853-9692 or visiting us online to schedule a consultation with a Fort Lauderdale intellectual property attorney.
