Miami Companies Locked in Trademark Fight

According to a report from the South Florida Business Journal, two Miami lifestyle companies are locked in a trademark dispute. Aroma360 has filed a trademark infringement lawsuit against a local competitor. Here, our Florida trademark infringement attorney provides a more comprehensive overview of the dispute.

Miami Company Alleges Local Competitor Infringed on its Trademark

Aroma360 and its affiliate Hotel Collection filed a trademark infringement lawsuit in a federal court in Miami against a competitor called Scentiment, LLC. Aroma 360 is accusing the other business of trademark infringement and unfair competition more broadly. Along with other things, the complaint alleges Scentiment deliberately copied Aroma360’s brand identity, including trademarks, slogans such as “Bring the Hotel Home,” and packaging design, to confuse consumers and benefit from Aroma360’s reputation.

According to the plaintiff, customers have mistakenly purchased Scentiment products thinking they were Aroma360’s. The suit claims violations of the Lanham Act, the Florida Deceptive and Unfair Trade Practices Act, as well as the common law in Florida. Aroma360 argues the infringement is willful and calculated to erode its goodwill and market position in the luxury scenting industry. The company is seeking injunctive relief as well as tens of millions of dollars in damages for harm caused to its brand. For its part, the defendant has denied any wrongdoing. The trademark infringement case is still pending in federal court.

Proving Trademark Infringement Requires Proving Likely Consumer Confusion

A trademark is an important form of intellectual property (IP). Trademark law protects brands from imitators, but not every similarity is infringement. To prevail in a trademark infringement case, a plaintiff must prove that the defendant’s use of a mark is likely to confuse consumers about the source, sponsorship, or affiliation of goods. In Florida, courts assess several factors to determine if confusion is likely.  Here is an overview of key things that will be evaluated:

• Strength of the Mark: The underlying strength of the trademark in question matters. A strong, distinctive mark receives broader protection than weak and/or merely descriptive one. A famous brand is more easily harmed by imitation.
• Similarity of the Marks: Next, courts in Florida will take a look at the actual similarity of the mark. They will compare things like look, sound, and meaning. The closer the similarity, the greater the risk of confusion.
• Proximity of the Goods/Services: Trademark infringement is more likely amongst competing businesses. If both parties sell similar products in the same market, confusion is more likely by definition. That means trademark infringement is easier to prove.
• Evidence of Actual Confusion: What actually happened does matter in trademark infringement cases. A plaintiff providing reliable proof that consumers already mixed up the two brands strongly supports the claim.

Contact Our Miami, FL Trademark Lawyer for Immediate Help

At Perkins Law — Brand Protection, our Florida trademark infringement attorney puts clients first. If you have any specific questions or concerns about a trademark infringement case, please do not hesitate to contact us today for a fully confidential initial consultation. We handle trademark disputes in Miami and throughout all of South Florida.

Source:

bizjournals.com/southflorida/news/2025/09/30/aroma360-hotel-collection-scentiment-trademark.html