PATRIA PUBLICATIONS, INC. v. ARMESTO

No. 88-2267.

542 So.2d 1054 (1989)

PATRIA PUBLICATIONS, INC., a Florida Corporation, Appellant, v. Eladio ARMESTO and Periodico Patria, Inc., Appellees.

District Court of Appeal of Florida, Third District.

May 2, 1989.


Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellant.

David Bercuson, Miami, for appellees.

Before SCHWARTZ, C.J., BARKDULL, J., and JAMES C. DAUKSCH, Jr., Associate Judge.


PER CURIAM.

The appellant's ultimate cause of action before the trial court sought an injunction for unfair competition in the publication of a periodical, by the use of a trade name "Patria." The trial court entered a summary judgment based upon a finding that the word "patria" was generic and not subject to exclusive use, plus the use of same had been "abandoned" by both parties and therefore the matter was moot. We reverse.

First, the name "patria", which...

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