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CALIFORNIA CLUB REALTY v. COUNTRY CLUB REALTY

No. 85-1892.

493 So.2d 37 (1986)

CALIFORNIA CLUB REALTY, INC., Appellant, v. COUNTRY CLUB REALTY OF SOUTH FLORIDA, INC., Goodman Realty, Inc., D/B/a Country Club Realty, Harvey Pitterman and Albert Goodman, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 23, 1986.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold Ginsberg, Ivan S. Benjamin, Miami, for appellant.

Shutts & Bowen and M. Theresa Venta and Robert D. Rosenbloom, Miami, for appellees.

Before HUBBART, NESBITT and FERGUSON, JJ.

PER CURIAM.

Finding that the competing trade names at issue in this case — California Club Realty, Inc. vs. Country Club Realty, Inc. — are so dissimilar as to preclude any reasonable likelihood of customer confusion, and that, as a matter of law, the trade name California Club Realty, Inc. is not susceptible to exclusive appropriation, we affirm the final summary judgment under review. Contrary to the arguments of the plaintiff California Club Realty...

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