The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS

Chapter 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS

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F.S. 286.031

286.031 Authority of Department of State in connection with patents, trademarks, copyrights, etc.—The Department of State is authorized to do and perform any and all things necessary to secure letters patent, copyright and trademark on any invention or otherwise, and to enforce the rights of the state therein; to license, lease, assign, or otherwise give written consent to any person, firm or corporation for the manufacture or use thereof, on a royalty basis, or for such other consideration as said department shall deem proper; to take any and all action necessary, including legal actions, to protect the same against improper or unlawful use or infringement, and to enforce the collection of any sums due the state and said department for the manufacture or use thereof by any other party; to sell any of the same and to execute any and all instruments on behalf of the state necessary to consummate any such sale; and to do any and all other acts necessary and proper for the execution of powers and duties herein conferred upon said department for the benefit of the state.

History.—s. 2, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 16, ch. 79-65.

Note.—Former s. 272.02.

F.S. 286.031 on Google Scholar

F.S. 286.031 on Casetext

Amendments to 286.031

Arrestable Offenses / Crimes under Fla. Stat. 286.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 286.031.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA VIRTUALSCHOOL, a v. INC. a LLC, a, 773 F.3d 233 (11th Cir. 2014)

. . . Stat. (2013). 286.031. . . . For example, sections 286.021 and 286.031 provide that the DOS is authorized to do and perform any and . . . Additionally, section 286.031 provides that the DOS is generally authorized to sell trademarks. . . . Section 286.031 generally governs trademarks that are held or owned by the State, and authorizes the . . . DOS to protect those trademarks against “improper or unlawful use or infringement.” § 286.031, Fla. . . .

FLORIDA VIRTUAL SCHOOL, v. INC., 148 So. 3d 97 (Fla. 2014)

FLORIDA VIRTUALSCHOOL, a v. INC. a LLC, a, 735 F.3d 1271 (11th Cir. 2013)

. . . . § 286.031. . . . using state-owned trademarks without the written consent of the Department of State, and Fla Stat. § 286.031 . . . The Department of State — not Florida VirtualSchool — has been given such express authority by § 286.031 . . . of Hallandale, 623 So.2d 474, 478 (Fla.1993) — lend some support to K12’s reading of §§ 286.021 and 286.031 . . .