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Section 569.31(3), Florida Statutes, defines nicotine dispensing device to mean any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product

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Conclusion The court assesses "deceptive likeness" by considering a number of factors, such as the law of initial interest confusion and the 8-factor criteria to evaluate trademarks awarded to two different products