Thermocarbon, Inc. v. Dicing Technology, Inc.

GOSHORN, Judge.

Thermocarbon, Inc. appeals an order dismissing with prejudice Count II of its complaint which alleged a cause of action for false and deceptive advertising proscribed by the Lanham Trade-Mark Act, 15 U.S.C. § 1125(a).1 The basis for the trial court’s dismissal was its finding that the federal court has exclusive original jurisdiction. Because we find the state court has concurrent jurisdiction, we reverse the order and remand to the trial court with instructions to reinstate Count II. See Flagship Real Estate Corp. v. Flagship Banks, Inc., 374 So.2d 1020 (Fla. 2d DCA 1979). See…