Spearmint Rhino Companies Worldwide, Inc. v. D.B.D. Management, Inc.

ORDER

DIMITROULEAS, District Judge.

THIS CAUSE is before the Court on Defendants’ November 8, 2004 Motion to Dismiss [DE-7], and having considered Plaintiffs (“Rhino”) December 8, 2004 Opposition [DE-10] and Defendants’ (“DBD” and “EMS”) December 21, 2004 Reply [DE-12], the Court finds as follows:

1. On September 23, 2004, Rhino filed a four-count Complaint alleging Trademark Infringement. Federal Unfair Competition, Common Law Unfair Competition, and a Violation of Florida’s Deceptive and Unfair Trade Practices Act (“FDUT-PA”). [DE-1], The Complaint alleges that Rhino licenses its trademarks…