Deltona Transformer Corporation v. The NOCO Company
Battery-charger maker Deltona won a jury verdict against competitor NOCO on federal and Florida trademark infringement, unfair competition under FDUTPA, and false advertising, plus actual and punitive damages, disgorgement, and a permanent injunction. The Eleventh Circuit affirmed that the 'Battery Tender' marks were protectable and infringed by NOCO's ad text, Amazon product descriptions, and statements to customers, but held that mere keyword bidding cannot constitute infringement, that Deltona failed to plead or try a false-advertising claim, and — importantly for Florida practice — that Deltona's claimed harm to reputation and goodwill is consequential damage not recoverable under FDUTPA's damages provision.
Key facts
- Deltona Transformer Corporation, a battery-charger maker, sued competitor NOCO for trademark infringement, unfair competition under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), and false advertising based on NOCO's use of Deltona's 'Battery Tender' marks in advertising text, Amazon product descriptions, and customer statements, as well as keyword bidding on Deltona's marks.
- A jury found liability on federal trademark infringement under the Lanham Act and state FDUTPA unfair competition claims, and awarded Deltona actual and punitive damages, disgorgement of profits, and a permanent injunction.
- +2 more key facts with a free trial
Why it matters
The FDUTPA discussion is the key takeaway for Florida litigators: the Eleventh Circuit endorses the Stewart Agency / City First Mortgage line holding that reputational and goodwill injury is consequential, not 'actual,'… — full analysis with a trial
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