Wonder when this website will get a new name?

[Packer Fan]

We have used the website - the villages 4 rent - to great effect to rent our villages home. To be honest, the easier the villages makes it to rent, the more people will buy houses, so the website helps them.

I just got an email that the developer is filing a lawsuit about their name, so they are changing it to - Villagers homes 4 rent. REALLY? I am a big supporter of the developer, but this is petty and frankly STUPID.

So my question is - how long before this website will be forced to change its name to Talk of the Villagers?

Thoughts?

[shcisamax]

Same thing for TheVillagesFSBO.com They will now be TheVillagersFSBO.com

[Buffalo Jim]

My responsibilities for 35 years included creating product names and protecting my employer`s Trade Styles , Slogans and Trademarks as a senior marketing manager .

In order to maintain Legal Rights to a Trade Mark / Corporate Brand name / product name etc . It is encumbent on the part of the owner of the " Mark / Trade-style / Product Name " to " defend " in writing their exclusive right to it .
" defend " their exclusive right to it .
Failure to do so causes the Owner of the Trade-Style to eventually lose their exclusive right to it and folks like me to lose my job !

[Packer Fan]

My responsibilities for 35 years included creating product names and protecting my employer`s Trade Styles , Slogans and Trademarks as a senior marketing manager .

In order to maintain Legal Rights to a Trade Mark / Corporate Brand name / product name etc . It is encumbent on the part of the owner of the " Mark / Trade-style / Product Name " to " defend " in writing their exclusive right to it .
" defend " their exclusive right to it .
Failure to do so causes the Owner of the Trade-Style to eventually lose their exclusive right to it and folks like me to lose my job !

That is all true, by the book. However, they could have negotiated to charge them $1.00 for the rights or maybe 3% of the profits or something - not just cease and desist. Pretty lame.

[graciegirl]

That is all true, by the book. However, they could have negotiated to charge them $1.00 for the rights or maybe 3% of the profits or something - not just cease and desist. Pretty lame.



It may look that way but I represented Rebok Apparel and they ,like most brands were very careful of defending it against bootleggers. It's just good business, and anyone in business will understand it.


I would if I were them

See what THE LIMITED would do if a clothing chain opened with a name like Limited Deux,They would be all over it.

[njbchbum]

I believe the new name for the rental website was posted here earlier today:
https://www.talkofthevillages.com/forums/ask-expert-about-villages-florida-real-estate-300/villages4rent-website-156057/

[Ooper]

The developer has also ordered numerous vendors at our town squares to change their names at the squares if they contained the word "village" in it, even if they have used that name for over a decade. Seems pretty trivial to me!

[karostay]

Wonder if the Village People will get sued and loose all the money they made?

New song ......Sleeping at the YMCA

[bagboy]

I think renters will find the website with their new name. Not a big deal.

[looneycat]

The developer has also ordered numerous vendors at our town squares to change their names at the squares if they contained the word "village" in it, even if they have used that name for over a decade. Seems pretty trivial to me!

not really trivial as it is essentially identity theft.

[Ooper]

I disagree, not identity theft if the word "village", not "The Villages" or even "villages" is used. Look at all the business in the area that use "village" in their title. I could probably name a 100 businesses from Village View Community Church and the Unity Church of the Villages to the Village Dental Group to name a few. Is the developer going to sue all of them too??? We'll see.

[Abby10]

Can someone clarify - is it "villages" or just the use of "the villages" that is the issue? Seems to me it would just be the latter. Anyone know for sure?

Also, as previous poster stated - what about the use of the word "village"?

It makes sense to me that the owners would protect the use of "The Villages". It would be their right and obligation to do so.

[JMEZARIC3]

We have used the website - the villages 4 rent - to great effect to rent our villages home. To be honest, the easier the villages makes it to rent, the more people will buy houses, so the website helps them.

I just got an email that the developer is filing a lawsuit about their name, so they are changing it to - Villagers homes 4 rent. REALLY? I am a big supporter of the developer, but this is petty and frankly STUPID.

So my question is - how long before this website will be forced to change its name to Talk of the Villagers?

Thoughts?
The banner at the top of the web page reads "Talk of the Villages" with a small TM at the upper right of the s. My guess is that the website has permission to use the trademark.

[DeanFL]

It may look that way but I represented Rebok Apparel and they ,like most brands were very careful of defending it against bootleggers. It's just good business, and anyone in business will understand it.


I would if I were them

See what THE LIMITED would do if a clothing chain opened with a name like Limited Deux,They would be all over it.

-------------

Gracigirl speaks the truth.

Little known fact - because of her, George and Gracie HAD to change their billing to 'Burns & Allen' many years ago.
Hard to imagine what success they may have had if our Gracie didn't press the issue...

[Abby10]

-------------

Gracigirl speaks the truth.

Little known fact - because of her George and Gracie HAD to change their billing to 'Burns & Allen' many years ago.
Hard to imagine what success they may have had if our Gracie didn't press the issue...

Now that's funny!! :a20:

[Ooper]

Can someone clarify - is it "villages" or just the use of "the villages" that is the issue? Seems to me it would just be the latter. Anyone know for sure?

Also, as previous poster stated - what about the use of the word "village"?

It makes sense to me that the owners would protect the use of "The Villages". It would be their right and obligation to do so.

I agree, "The Villages" is a protected trademark but just the word "village" in a business title should not be of concern, IMHO.

[justjim]

"They" certainly don't want a Developer somewhere to open up a similar operation calling it "The Villages of Arizona" or the like. Business is business.

[justjim]

The "other" news media on-line that we don't dare mention might be a target, huh?

[JoMar]

I assume the use of The Villages by anyone other than the developer is a big deal because they are planning on developing other opportunities and the name may play a larger role in their master plan. As for Villages 4 rent I believe someone posted in another thread that The new site will be VillageRsHomes4Rent dotcom. The shortcut will be vh4r dotcom

[Abby10]

The "other" news media on-line that we don't dare mention might be a target, huh?

It doesn't have a "The" in it though and that's what I was wondering in another post - does that make a difference? Not that I know anything about trademarking, etc, but I would think that it may.

[Abby10]

BTW, posters are mentioning villages4rent, but it actually is listed as thevillages4rent - I think that's what makes the difference. The "the"! :D

[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

[Buffalo Jim]

Chances are that a business entity with as many " moving parts " as the organization in question has would have legal counsel which specializes in trade-mark issues .
Periodically the hired firm would conduct a review and research on any potential issues which might legally weaken their client`s claim to the Trade-Style and any derivitives .
When the say annual review identifies potential conflicts then a letter is sent out pointing out what the legal experts feel is an issue and asking the party to make changes .

[graciegirl]

Chances are that a business entity with as many " moving parts " as the organization in question has would have legal counsel which specializes in trade-mark issues .
Periodically the hired firm would conduct a review and research on any potential issues which might legally weaken their client`s claim to the Trade-Style and any derivitives .
When the say annual review identifies potential conflicts then a letter is sent out pointing out what the legal experts feel is an issue and asking the party to make changes .



Of course you are right. You did this for a living


It isn't a meanness issue or a in your face issue, it is a legal issue, a business issue, a normal thing to do. That is why companies retain legal counsel.

If a business is successful, they cross their tee's and dot their I's. They grow and continue to be successful. They protect their brand and that is not a bad thing at all. It protects them and all of the people who work for them and guarantees all those folks a nice retirement. Many of us are enjoying pensions from companies that did the same.

[SouthOfTheBorder]

Chances are that a business entity with as many " moving parts " as the organization in question has would have legal counsel which specializes in trade-mark issues .
Periodically the hired firm would conduct a review and research on any potential issues which might legally weaken their client`s claim to the Trade-Style and any derivitives .
When the say annual review identifies potential conflicts then a letter is sent out pointing out what the legal experts feel is an issue and asking the party to make changes .

:agree:

And in fact The United States Patent and Trademark Office strongly advises that holders of "Marks" vigorously monitor and defend their rights to their "Mark"(s) or the "Mark" can fall under "public domain".

The USPTO issues/grants various "Marks" but in no way assumes any responsibility to protect them.

Here is a good source of info about TM/RM/SM (http://www.uspto.gov/sites/default/files/BasicFacts.pdf)

Any serious business that has obtained a "Mark" would be derelict if it did not take whatever steps necessary to protect it's interests.

"The Villages" is a trademark owned by the Holding Company of The Villages, Inc.

Perhaps those who are critical of any company, large or small for defending it's rights to a "Mark" may not have considered what is at stake for the "Mark" holder.

Criticism of the Holding Company of The Villages, Inc. for protecting it's interests is so easy when you don't have a dog in the hunt.

Don

[Packer Fan]

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

Skip has a point. It is now an official place name like Orlando.... Seems like anyone should be able to use it. Also, there are plenty of other places with the word villages in it. This is not like Nike. I think it is the deep pockets winning...I think if it went to court the Developer would lose this one.

[blueash]

Here's a nice description of The Villages
The focal point of The Villages is the spectacular championship golf course with its Pro Shop and elegant Clubhouse and restaurant, plus a leisure Bistro & Bar/Outdoor Patio dining experience. In addition to the golf courses, there are four swimming pools and spas, six tennis courts and a fitness center. But the fun doesn’t stop there, The Villages has something for every one of its 4,000 residents. There are more than 60 clubs and organizations, a full calendar of activities, fine arts, personal gardening plots, stables, bocce courts and numerous facilities. The Villages has been rated among the top 20 senior communities (for persons aged 55 and older) in the United States by New Choices for Retirement Living Magazine.

**********
Of course this The Villages is in California. And is an upscale senior retirement community. If I ran the home rental website I'd try to get a listing or two from that other The Villages also.

[rexxfan]

I agree it seems petty, but I hear that if you own a trademark and do not take steps to protect it, you can lose it. Perhaps that factored into the decision.
--
bc

[Skip]

I agree whole heatedly

Lyle:
Thanks. So did you get a cease and desist letter yet, since you use "Realty Executives in The Villages"?

Skip

[Skip]

I agree it seems petty, but I hear that if you own a trademark and do not take steps to protect it, you can lose it. Perhaps that factored into the decision.
--
bc

bc:
They've already lost it in a sense.
You can't own a mark (that pertains to a brand of Retirement Community), then give it away as a place name to the Post Office and Highway Departments, then try to call it back. After you put it in the public domain as a place or thing (noun) instead of an adjective that describes a product or service, it's out there for anyone to use.

The defense would be, my business name or ad is referring to the "place" called The Villages, Florida, not the Retirement Community in central Florida, by the same name.

Skip

[Ooper]

Lyle:
Thanks. So did you get a cease and desist letter yet, since you use "Realty Executives in The Villages"?

Skip

There have been a number of vendors at town square who had cease and desist orders. A friend of mine, for one, was ordered to change his business' name after a decade of using that name. Since his pockets are a lot smaller than the developers, he had to comply if he wanted to stay in business, which he did.

[rjm1cc]

There have been a number of vendors at town square who had cease and desist orders. A friend of mine, for one, owned Village Graphics and was ordered to change his business' name after a decade of using that name. Since his pockets are a lot smaller than the developers, he had to comply if he wanted to stay in business.

And I bet you can find one or two other businesses that use the name of the town or county they are in as part of their business name. I bet they even signed their lease using that name. Wonder how that might help them keep the name as the developer should have objected when he first learned of the possible infringement.

[Shadow8IA]

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

Sounds like a great class action law suit where the lawyers make millions and everyone else gets $37.50

[graciegirl]

When we first moved here we could buy shirts at Walgreens and Bealls Outlet with The Villages on it for peanuts.


Then it stopped. I was annoyed. My grandkids always would buy a couple to take home to friends.


Trademarks are trademarks. The Villages has become a big deal.


Again I say we have witnessed a family who has risked their own money time and time again, made a few mistakes but not many, corrected them, built a far better mousetrap and gave the public what they wanted and kept it clean and pretty and made a fortune.


Most of the grousing comes from jealously that we didn't or weren't smart enough to do that.


Now a family that worked hard is a huge successful business and for some that means that they are no longer nice people. All big successful businesses are nasty in the political vision of some folks.

[Challenger]

In my opinion as as a former CEO , I believe the Developer did exactly what he should have done. I know of companies which have paid $hunderds of thousands to have a new name crafted for them. Names are an important part of the brand and in most cases guarded agressively. Oh ,that big bad developer!!!!

[gomoho]

Why did it take him so long? Things must be in the works.

[JoMar]

Sounds like a great class action law suit where the lawyers make millions and everyone else gets $37.50

Less taxes

[Skip]

There have been a number of vendors at town square who had cease and desist orders. A friend of mine, for one, owned Village Graphics and was ordered to change his business' name after a decade of using that name. Since his pockets are a lot smaller than the developers, he had to comply if he wanted to stay in business.

Hmmm! Village Graphics shouldn't be a problem. "Village" isn't the term that the developer trademarked, plus he didn't trademark it in the category of graphic arts or graphic design.

As far as I can see, the developer only has the rights to use "The Villages" exclusively when it pertains to a Retirement Community, Real Estate Sales and Transportation. Nothing else.

Skip

[Spikearoni]

I disagree, not identity theft if the word "village", not "The Villages" or even "villages" is used. Look at all the business in the area that use "village" in their title. I could probably name a 100 businesses from Village View Community Church and the Unity Church of the Villages to the Village Dental Group to name a few. Is the developer going to sue all of them too??? We'll see.

In the context you are mentioning such as The Unity Church of The Villages, there is no identity theft. The Villages is a geographical location in Florida as is Ocala, Leesburg etc. IMO, there is no copyright or trademark infringement in this example.

[EnglishJW]

There is no doubt that an owner of a trademark has every right to protect it. On the other hand, it seems to me that many of these small businesses have played a part (however small) in adding to what this place is all about. Isn't there some reasonable middle ground here?

[graciegirl]

You would think so logically .... But it OUR WAY or THE HIGHWAY


Now now.........l


Many MLS realtors are annoyed because The Villages does not allow them to sell the new homes.


But that is common all over the U.S. Why give business away? The Villages homes are not hard to sell.


AND if you build a better mousetrap you can say... "our way or the highway".


I am proud to live here and I am proud of the whole dang place and how it is run. I identify with the developers. Nice hardworking people from the Midwest.

[Skip]

Now now.........l


Sorry Gracie Girl. You can no longer use your blog name.
It was trademarked in 2007 and owned by clothing company.
You are in violation of federal law.
LINK (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:t0rl6z.3.1)
How do you feel now? :-)

Skip