In Deltona Transformer Corporation v. The NOCO Company, No. 24-13590 (11th Cir. Aug. 4, 2026), the Eleventh Circuit held that keyword bidding, which is the process of “buying” keywords online visitors use to search for products, using trademarked terms does not constitute trademark infringement. Deltona Transformer Corporation has manufactured vehicle-battery chargers marketed as “battery tenders”…
Tag: Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
Florida Deceptive and Unfair Trade Practices Act Claims Sounding in Fraud Must Be Pleaded with Particularity under FRCP 9(b)
In a case of first impression, the Eleventh Circuit held that when a claim sounds in fraud, based on the underlying allegations, it must comply with Federal Rule 9(b)’s particularity requirement. This requirement applies to claims asserting violations of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). Because the plaintiff failed to plead his FDUTPA…