[Skip]

For proper trademark/servicemark use you have to stop using the mark as a noun and make it an adjective. Thus the developer should NOT use "The Villages" as a place or thing but always call it "The Villages Retirement Community".

Do a Google search and you will find many communities in the US called "The Villages". Some are even in Florida (besides us).

In my opinion, the developer lost his right to the term when he convinced the US Post office to accept "The Villages" as a place name, equally with "Lady Lake".

So every time you address a card or letter to another resident (or have a return address sticker that says "The Villages, FL. Zip 321...", you are breaking the trademark law? Give me a break!

If I wanted to name a new model car "The Villages", I would not be violating any law as long as I use "The Villages Automobile" and have no intent to deceive with that use to make people think that it's connected to a Retirement Community with the same name. If I invented a new fountain pen and called it Ford Pen, I would have no problem.

This is stupid and any suit should be vigorously defended, but you know who has the deeper pockets and the developer will eventually win by draining you.

The developer himself has already allowed the term to be in the public domain because he continues to use the term as a noun and allowed (convinced) the Post Office and State and Federal Highway Authorities to accept it as a common place name on road signs.

BTW, the developer didn't trademark the term until a few years ago.

And it's the full term: "The Villages" that was marked.

If he goes after The Villages 4 Rent, he must also go after Talk of The Villages.

The developer is wrong here.

Skip