District Court of Appeal of Florida September 20, 1990, No. 90-280 (Thermocarbon, Inc. v. Dicing Technology, Inc.)

GOSHORN, Judge.

Thermocarbon, Inc. appeals an order dismissing with prejudice Count II of its complaint which alleged a cause of action for false and deceptive advertising proscribed by the Lanham Trade-Mark Act, 15 U.S.C. § 1125(a).1 The basis for the trial court’s dismissal was its finding that the federal court has exclusive original jurisdiction.