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98 So. 2d 787

Rimmeir v. Dickson

Supreme Court of Florida

Decided December 11, 1957

Supreme Court of Florida · decided 1957-12-11

Cited by 1 later decisions — most recently July 1958

1 state decisions

Relies on 78 So. 2d 732 - Rimmeir v. Dickson · Dickson v. Rimmeir

Good law ✅— No negative treatment on recordhow we know

Decided 1957-12-11

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PER CURIAM.

¶1We here review, on certiorari, the lower court’s second amended final decree entered pursuant to the mandate of this court in Rimmeir v. Dickson, Fla.1957, 93 So.2d 82. The amended decree here reviewed authorized further proceedings “so as to permit the plaintiffs to make a ‘definite showing of specific damages, if they can, resulting from infringement of plaintiffs’ tradename and trademark by defendants’.”

¶2Assuming that by the use of the word “trademark” the lower court meant only a non-technical symbol designating the •defendants’ product — which is clearly the sense in which it was used in Rimmeir v. Dickson, supra — and that the plaintiffs’ •damages will, therefore, be properly limited to those referable to the unauthorized use by defendants of “the symbols designating the firm and those designating the products of defendant” (as distinguished from damages for the infringement of a technical trademark which, as noted in Rimmeir v. Dickson, Fla.1955, 78 So.2d 732, is not involved here) the petition for certiorari should be and it is hereby

¶3Denied.

TERRELL, C. J., and HOBSON, ROBERTS, THORNAL and O’CONNELL, JJ., ■concur.
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