4D05-1195-The Scripps Research Institute, Inc. v. The Scripps Research Institute

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State: Florida

Court: Florida Fourth District Court

Docket No: 4D05-1195

Case Date: 12/28/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2005 THE SCRIPPS RESEARCH INSTITUTE, INC., a Florida corporation, Appellant, v. THE SCRIPPS RESEARCH INSTITUTE, a California nonprofit public benefit corporation, d/b/a SCRIPPS FLORIDA, INC., Appellee. No. 4D05-1195 December 28, 2005 STEVENSON, C.J. The Scripps Research Institute, Inc., a Florida corporation ("TSRI Florida"), challenges the trial court's order granting final summary judgment in an action for declaratory relief in favor of The Scripps Research Institute, a California nonprofit public benefit corporation ("TSRI California"). In the final order, the trial court declared that only TSRI California could use the name "The Scripps Research Institute" and directed the Division of Corporations to dissolve TSRI Florida. Because the trial court improperly took judicial notice of the only evidence supporting TSRI California's motion for summary judgment, we reverse. TSRI California was incorporated in California in 1990. On October 9, 2003, Governor Jeb Bush announced that TSRI California had agreed to build a facility in Palm Beach County. Less than a month later, Virginia Scott incorporated in Florida a business entitled "The Scripps Research Institute, Inc." Shortly thereafter, the president of TSRI Florida received a letter from the Division of Corporations, stating that in reference to "The Scripps Research Institute, Inc.," "this office has determined that the above name is federally registered with the Patent and Trademark Office in Washington, D.C. and is owned by a California corporation by the same name. Be aware that use of this name in Florida may cause you to be liable for infringement charges." On January 12, 2004, TSRI California filed an application to conduct business in Florida as "The Scripps Research Institute, a California

nonprofit public benefit corporation, d/b/a Scripps Florida, Inc." TSRI California subsequently filed a complaint, claiming that [d]ue to [TSRI Florida's] improper use of "The Scripps Research Institute" name, TSRI has been unable to register to do business in Florida under that name and has instead been required to register under another name. As a consequence, there is a substantial risk that individuals who serve as a source of funding to TSRI will be confused by [TSRI Florida's] improper use of "The Scripps Research Institute" name and that donations intended for TSRI may instead be made to [TSRI Florida], resulting in harm to the public, who benefits from the research activities performed by TSRI, as well as to TSRI. TSRI California consequently sought a declaratory judgment that TSRI Florida could not use the name "The Scripps Research Institute" and requested the trial court enter an order that the Florida Department of State be required to dissolve TSRI Florida. Ultimately, the trial court granted summary judgment in favor of TSRI California. Summary judgment is permissible if there are no genuine issues of material fact and the moving party is entitled to a judgment as a matter of law. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). Summary judgment may also be granted in an action for declaratory judgment. See Blue Cross & Blue Shield of Fla., Inc. v. Steck, 778 So. 2d 374 (Fla. 2d DCA 2001). Further, it is axiomatic that the movant has the burden to produce sufficient evidence to sustain its motion for summary judgment. See Holl v. Talcott, 191 So. 2d 40 (Fla. 1966). TSRI California failed to meet its burden in the instant case. Here, the only documents submitted in support of the summary judgment were the items attached as exhibits to TSRI California's complaint and motion for summary judgment, which included: 1) State of California Secretary of State Certificate of Status Domestic Corporation, stating TSRI California became incorporated on October 19, 1990; 2) Articles of Incorporation filed in 1990 with California's Secretary of State; 3) Certificate of Amendment of Articles of Incorporation; 4) TSRI Florida's Articles of Incorporation filed on November 5, 2003; 5) TSRI California's Application by foreign not for profit corporation for authorization to conduct its affairs in Florida; 6) TSRI California's application to conduct business in Florida using a different name; 7) Governor's Office press release; 8) newspaper articles; and 9) TSRI
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Florida's correspondence in response to the November 25, 2003 letter from the Division of Corporations. In ruling on the motion for summary judgment, the trial court noted that it took "judicial notice of the records attached as exhibits to the Complaint" and of the notoriety of TSRI California's plans "to construct and maintain a major research facility in Palm Beach County." This was error. It is true that a trial court may take judicial notice of certain governmental records and facts which are not subject to dispute because they are widely known within the territorial jurisdiction of the court. See

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