Deltona Transformer Corp. v. NOCO Co., Case No. 24-13590 (11th Cir. 2026).
Federal registration of a trademark clothes it with presumptive validity, and a mark is not rendered generic merely because a competitor's employees, internally or externally, refer to it as a generic term when the mark otherwise retains secondary meaning in the relevant market.
Dish Network L.L.C. v. Fraifer, Case No. 24-10223 (11th Cir. 2026).
A certificate of copyright registration issued within five years of a foreign work's first publication entitles the registrant to a statutory presumption of ownership, and a defendant's operation of encoders and content delivery networks to retransmit copyrighted broadcast content to United States subscribers without authorization constitutes direct copyright infringement.
Haught v. Eagle Palms Homeowners Ass’n, Inc., Case No. 2D2025-1403 (Fla. 2d DCA 2026).
A homeowners’ association may both foreclose an assessment lien and pursue a money judgment for unpaid assessments against subsequent owners when Florida Statute section 720.3085(1)(c) authorizes both remedies and the association’s declaration does not prohibit doing so.
Stein v. Reynolds Ventures, Inc., Case No. 2D2025-2795 (Fla. 2d DCA 2026).
A lienor must strictly comply with Florida Statute section 713.21(4) by timely foreclosing on its mechanic’s lien or showing legally sufficient cause why it did not do so, and failure to do either requires discharge of the lien.
Lynch v. Deutsche Bank National Trust Co., Case No. 3D26-1142 (Fla. 3d DCA 2026).
A petitioner challenging an order limiting discovery in a foreclosure action is not entitled to certiorari relief absent a showing of irreparable harm, which is rarely established when discovery is denied.
Univision Communications, Inc. v. Lam, Case No. 3D26-0014 & 3D26-0214
(Fla. 3d DCA 2026).
A nonfinal order striking, rather than denying, a successive Anti-SLAPP motion is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(J), and certiorari or mandamus does not lie when the trial court acts within its authority under Florida Rule of General Practice 2.515 to strike the motion.
9740 W Bay Harbor Dr, LLC v. Bay Harbour Investment, Inc., Case No. 3D25-1232 (Fla. 3d DCA 2026).
A party's failure to file a timely post-verdict motion for judgment in accordance with a prior motion for directed verdict waives appellate review of the directed verdict argument, and a decline in a property's market value resulting from fraud constitutes general, not special, damages.
