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· 1/23/2024

DICORIUM GARDNER v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “extensive third-party use of the [mark was] impressive evidence that there would be no likelihood of confusion”
  • concluding that “Sun” is the dominant portion in “Sun Banks” and “Sun Federal”
  • explaining that extensive third-party use of a particular word in plaintiff's trademark counsels against likely confusion
  • suggesting that SUN is an arbitrary mark, neither describing the geographic origin of a Florida-based bank, nor any characteristic of the bank’s services
  • finding that an arbitrary mark (“Sun” in “Sun Banks”) was a weak mark due to widespread third-party use
  • finding that the word “Sun” appeared in the name of 4,400 businesses, including a considerable number of financial institutions

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.