Florida Court Awards $4.3 Million Judgment in Favor of Garrison (Flood Control)Systems Following Findings of Unfair Competition and Trade Dress Misappropriation
On December 5, 2025, the Circuit Court of the Twentieth Judicial Circuit in Lee County, Florida, entered a Final Judgment in favor of Garrison Systems, LLC, confirming a detailed Arbitration Award issued on October 19, 2025, against Robert D. Waring and Floodwater Pros, Inc. (“FPI”). The Court ordered the defendants to pay $4,309,127.26, jointly and severally, pus statutory interest at 9.12% per annum until paid in full.
This judgment follows earlier findings that the defendants engaged in deceptive trade practices, false advertising, trade dress misappropriation, and the unauthorized use of Garrison’s proprietary images and marketing materials.
Background of the Litigation
Garrison initiated the action on March 12, 2025, asserting eight causes of action, including violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Lanham Act false designation of origin and false advertising, and unjust enrichment 362025CA001382A001CH-2025-10-19….
After being properly served, neither defendant responded, and the Court entered a Partial Final Default Judgment and Permanent Injunction on July 23, 2025, all well-pleaded facts in the Complaint were deemed admitted.
Permanent Injunction Issued by the Court
The July 23, 2025 injunction prohibits Robert D. Waring and Floodwater Pros, Inc. from:
Using, posting, or displaying any of Garrison Systems’ photographs, trade dress, name, work product, images, or sales and marketing materials in any medium.
Claiming or implying any affiliation or relationship with Garrison Systems.
Making false or misleading statements about Garrison Systems — including claims that Garrison manufactures products in China or that FPI sells identical products.
Continuing to use misappropriated content, which must be removed within 5 days of service from all websites, social media pages, vehicles, print materials, and electronic platforms 227849416 Final Judgment.
The Court retained jurisdiction to enforce the order and to impose contempt sanctions for violations.
Arbitration Proceedings and Damage Findings
Following the injunction, the Court referred damages to non-binding arbitration. The arbitration was conducted by Retired Judge Donald Mason on October 15, 2025.
Despite receiving notice, the defendants did not appear or submit any evidence. Garrison presented testimony from its damages expert, Mark Gauthier, CVA, CFE, who calculated unjust enrichment using two independently supported methodologies:
$500,000: Sales admitted publicly by Waring on January 7, 2025.
$914,256: Additional estimated revenue from product sales ($751,143) and installations ($163,113).
Total base unjust enrichment: $1,414,256 362025CA001382A001CH-2025-10-19….
The arbitrator found that the defendants’ conduct constituted:
Willful misappropriation of Garrison’s trade dress
Deceptive and unfair trade practices under FDUTPA
Violations of the Lanham Act, including false designation of origin and false advertising
Bad faith and willful disregard of court orders
The arbitrator designated the matter an “exceptional case” under 15 U.S.C. § 1117(a), warranting enhanced damages.
Enhanced Damages and Final Award
To account for willfulness and deter future misconduct, the arbitrator imposed a 3× enhancement, awarding:
$4,242,768 in enhanced damages
$17,850 in expert witness fees (CBIZ, Inc.)
$1,650 in arbitration costs
Attorney’s fees recoverable under both FDUTPA and the Lanham Act
Post-award interest at 9.12% per year from October 19, 2025
Final Judgment Confirmed by the Court
In its December 5, 2025 Order, the Court:
Confirmed the Arbitration Award in full
Entered judgment in the amount of $4,309,127.26
Required each defendant to complete a sworn Form 1.977 Fact Information Sheet within 45 days
Retained jurisdiction to award attorney’s fees and enforce compliance with all prior Court orders 362025CA001382A001CH-2025-12-05…
Garrison was represented by Holland and Knight with partner Martin Burke leading intellectual property enforcement efforts by the company.
Conclusion
The Court’s findings and the Arbitration Award collectively affirm that Floodwater Pros, Inc. and Robert D. Waring engaged in willful infringement, deceptive advertising, and misappropriation of Garrison Systems’ proprietary materials. The judgment further reinforces Garrison’s commitment to protecting its intellectual property, customers, and reputation in the flood-control industry.
For further information, please refer to the publicly filed Final Judgment and Arbitration Award.