Florida Statute 495.151 provides a court may consider the following factors to determine if a trademark is famous under Florida law. These factors include, but are not limited to:
- degree of inherent or acquired distinctiveness of the mark in Florida;
- duration and extent of use;
- advertising and publicity in Florida;
- geographic area in which mark is used;
- channels of trade;
- degree of recognition;
- use of same or similar mark by third parties; and
- whether registered…either in Florida or federally.