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.
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