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:

  1. degree of inherent or acquired distinctiveness of the mark in Florida;
  2. duration and extent of use;
  3. advertising and publicity in Florida;
  4. geographic area in which mark is used;
  5. channels of trade;
  6. degree of recognition;
  7. use of same or similar mark by third parties; and
  8. whether registered…either in Florida or federally.