317 So. 2d 789 | Fla. Dist. Ct. App. | 1975
In a suit brought by appellee under the Uniform Deceptive Trade Practices Act, Fla.Stat. § 817.69 et seq. (1969),
We conclude that the disposition of the case via summary judgment was inappropriate in that there were genuine issues of material fact as to whether appellants’ conduct caused the likelihood of confusion or of misunderstanding on the part of the public either as to (1) the source, sponsorship, approval, or certification of goods or services, or (2) the affiliation, connection, or association with or certification by plaintiff-appellee.
The summary judgment is reversed and the cause remanded for further proceedings.
Reversed and remanded.
. Repealed by Ch. 73-124, Laws of Fla. (1973).