Case Explained: DELTONA TRANSFORMER CORPORATION v. THE NOCO COMPANY

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-04 Docket: 6:19-cv-00308-CEM-LHP The eleventh-circuit affirmed the district court’s denial of motions for judgment as a matter of law and new trial regarding trademark infringement, unfair competition under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and equitable remedies, but reversed the false advertising verdict and vacated the damages award, remanding for a new trial on damages. The court held that Deltona’s “Battery Tender” marks are not generic; they are at least descriptive and have acquired secondary meaning, supported by federal registration and evidence of long-term use and consumer recognition. The court affirmed that NOCO engaged in trademark infringement through its use of the marks in Amazon ad text, product descriptions, and customer communications, which created a likelihood of confusion. However, the court held that mere keyword bidding does not constitute trademark infringement because it occurs behind the scenes and is unlikely to cause consumer confusion. Regarding FDUTPA, the court ruled that while NOCO’s conduct violated the statute, Deltona was not entitled to actual damages because it failed to prove direct financial loss, limiting relief to injunctive relief. The court also reversed the false advertising verdict, finding that Deltona failed to adequately plead a separate false advertising claim under § 43(a)(1)(B) of the Lanham Act and that NOCO did not impliedly consent to its trial. Finally, the court affirmed the disgorgement of profits and permanent injunction, noting NOCO’s willful infringement justified such equitable relief. Because the jury’s $1.3 million actual damages award was a lump sum that could have included amounts attributable to the invalid keyword bidding theory, the unsupported FDUTPA damages claim, and the reversed false advertising claim, the court vacated the damages award and remanded for a new trial on damages consistent with these holdings. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.