Using the term "The Villages"

[EnglishJW]

Apparently "The Villages" have put legal pressure on some people who use the expression "The Villages" for business purposes. As many of you know, our Begonia in Gilchrist is up for sale. Since we felt the added cost of a commission would make our house prohibitively expensive, we have been trying to sell it ourselves. One of the many places we posted an add was with thevillagesFSBO. They have decided to change their name to avoid a costly legal battle. Does this also mean that anyplace that continues to have the expression "The Villages" in their title (like TOTV) is owned by The Villages? If not, why are some exempt from the pressure to cease and desist using "The Villages" terminology while others are not?

[graciegirl]

Apparently "The Villages" have put legal pressure on some people who use the expression "The Villages" for business purposes. As many of you know, our Begonia in Gilchrist is up for sale. Since we felt the added cost of a commission would make our house prohibitively expensive, we have been trying to sell it ourselves. One of the many places we posted an add was with thevillagesFSBO. They have decided to change their name to avoid a costly legal battle. Does this also mean that anyplace that continues to have the expression "The Villages" in their title (like TOTV) is owned by The Villages? If not, why are some exempt from the pressure to cease and desist using "The Villages" terminology while others are not?



There is a whole 'nother thread on this topic started a couple of days ago. I will try to find it for you.

Here it is;

https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/wonder-when-website-will-get-new-name-156098/?highlight=trademark

[rubicon]

Apparently "The Villages" have put legal pressure on some people who use the expression "The Villages" for business purposes. As many of you know, our Begonia in Gilchrist is up for sale. Since we felt the added cost of a commission would make our house prohibitively expensive, we have been trying to sell it ourselves. One of the many places we posted an add was with thevillagesFSBO. They have decided to change their name to avoid a costly legal battle. Does this also mean that anyplace that continues to have the expression "The Villages" in their title (like TOTV) is owned by The Villages? If not, why are some exempt from the pressure to cease and desist using "The Villages" terminology while others are not?

Are you moving out of The Villages

[manaboutown]

The developer holds various trademarks/service marks involving "The Villages".

TESS -- Error (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.2)

TESS -- Error (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.3)

Trademark Electronic Search System (TESS) (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.20)

Plugging "The Villages" into the search engine will bring up several registered marks relating thereto. Even though two of the above links show "Error" they worked for me when I clicked them to check.


The owner of a mark must police it to retain it. A Primer on Policing Your Trademark | Copyright & Trademark Matters (http://www.copyrighttrademarkmatters.com/2013/04/10/a-primer-on-policing-your-trademark/)

Loss of Trademark Rights (http://www.inta.org/TrademarkBasics/FactSheets/Pages/LossofTrademarkRightsFactSheet.aspx)

[dewilson58]

Are you moving out of The Villages

EJW is not, that was another thread.

[alanmcdonald]

The developer holds various trademarks/service marks involving "The Villages".

TESS -- Error (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.2)

TESS -- Error (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.3)

Trademark Electronic Search System (TESS) (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:xrz2qu.2.20)

Plugging "The Villages" into the search engine will bring up several registered marks relating thereto. Even though two of the above links show "Error" they worked for me when I clicked them to check.


The owner of a mark must police it to retain it. A Primer on Policing Your Trademark | Copyright & Trademark Matters (http://www.copyrighttrademarkmatters.com/2013/04/10/a-primer-on-policing-your-trademark/)

Loss of Trademark Rights (http://www.inta.org/TrademarkBasics/FactSheets/Pages/LossofTrademarkRightsFactSheet.aspx)

I went to TESS when a thread started up about Walgreen's no longer selling merchandise with THE VILLAGES on it last week.

[dirtbanker]

I went to TESS when a thread started up about Walgreen's no longer selling merchandise with THE VILLAGES on it last week.

Thanks for sharing...did you find anything different than "Manaboutown" discovered?

[Ooper]

Apparently "The Villages" have put legal pressure on some people who use the expression "The Villages" for business purposes. As many of you know, our Begonia in Gilchrist is up for sale. Since we felt the added cost of a commission would make our house prohibitively expensive, we have been trying to sell it ourselves. One of the many places we posted an add was with thevillagesFSBO. They have decided to change their name to avoid a costly legal battle. Does this also mean that anyplace that continues to have the expression "The Villages" in their title (like TOTV) is owned by The Villages? If not, why are some exempt from the pressure to cease and desist using "The Villages" terminology while others are not?

It is not just the words "The Villages", it is any title with just the word "Village", no "The" and it is singular. But you are right, some get to keep their names, others do not.

[Polar Bear]

It is not just the words "The Villages", it is any title with just the word "Village", no "The" and it is singular...
I have my doubts about that.

[Ooper]

I have my doubts about that.

Would you like to see my friends cease and desist order after using the word "Village" for over a decade at town square? I assure you that there is no doubt.

[Polar Bear]

Would you like to see my friends cease and desist order after using the word "Village" for over a decade at town square? I assure you that there is no doubt.
I don't question your friends order, only your very broad statement from your earlier post. How about these for example...

The Villages Home Theater (http://the-villages-home-theater.com)

TheVillagesAV.com (http://villagesav.com)

Maybe your friends' situation has something to do with them being at a town square?

[cinepuxon]

Would love to see it. Can you post it here?

[cinepuxon]

If you check out the various marks you'll see that each has a specific use associated with it. Also note " The mark consists of the words The Villages in their unique stylized font." so if your use does not infringe on the registered use...and you do not use their font(s)... then go for it...

[Ooper]

I'm pretty confident that those affected have much smaller pockets than The Villages and if they want to stay in business in and around The Villages, they will comply. My point was agreeing with an earlier poster that some businesses seem to be allowed to continue and others do not, even if their title does not conform to the trademarked font and usage of the words "The Villages". It just doesn't seem right.

[dirtbanker]

Would you like to see my friends cease and desist order after using the word "Village" for over a decade at town square? I assure you that there is no doubt.

You, on your own, offered to show the cease and desist letter that your friend received. Somebody expressed an interest in seeing it, what happened to your offer? I have my doubts...

I'm pretty confident that those affected have much smaller pockets than The Villages and if they want to stay in business in and around The Villages, they will comply. My point was agreeing with an earlier poster that some businesses seem to be allowed to continue and others do not, even if their title does not conform to the trademarked font and usage of the words "The Villages". It just doesn't seem right.

I believe it has little to do with pocket size, more like intellect and size of your gonads. Your friend can fight and possibly win, the loser could have to pay his costs to right this wrong...but I doubt it, and evidently so does your supposed friend.

The "some businesses" that you feel "seem to be allowed" to use the trademark might be getting the letter in the near future...

Tell your supposed friend that got the cease and desist letter to remove the word "The" from his business name (like AV guy did) and go on with life.

NOBODY SAID LIFE WAS GOING TO BE FAIR or "RIGHT"

[alanmcdonald]

Thanks for sharing...did you find anything different than "Manaboutown" discovered?

I found the same things.

As a trademark lawyer I have to side with The Villages on this one. They have every right to protect their trademarks and to license and collect royalties for the use of their marks as they see fit.

[alanmcdonald]

If you check out the various marks you'll see that each has a specific use associated with it. Also note " The mark consists of the words The Villages in their unique stylized font." so if your use does not infringe on the registered use...and you do not use their font(s)... then go for it...

There are a couple of things here.

There are registrations/applications for the logo AND for the word mark THE VILLAGES (which would cover the use in any format).

Also, there is the issue of a "famous mark". If it can be shown that THE VILLAGES is well-known to the general public they can stop usages beyond the goods/services designated in their registrations.

[EnglishJW]

Are you moving out of The Villages


No, we are here to stay (as what I believe everyone calls "snowflakes"). We do have a house for sale (it is posted here on TOTV) in Gilchrist (a Begonia).

[EnglishJW]

You, on your own, offered to show the cease and desist letter that your friend received. Somebody expressed an interest in seeing it, what happened to your offer? I have my doubts...



I believe it has little to do with pocket size, more like intellect and size of your gonads. Your friend can fight and possibly win, the loser could have to pay his costs to right this wrong...but I doubt it, and evidently so does your supposed friend.

The "some businesses" that you feel "seem to be allowed" to use the trademark might be getting the letter in the near future...

Tell your supposed friend that got the cease and desist letter to remove the word "The" from his business name (like AV guy did) and go on with life.

NOBODY SAID LIFE WAS GOING TO BE FAIR or "RIGHT"

I am afraid that I disagree with at least two of your points. First, "pocket size" always has been and always will be a significant concern regarding potential litigation. Small business owners and vendors will invariably be forced to comply with the cease and desist requests.

Secondly, the AV guy DID comply in a clever way. He, in essence, made up a new term - VillagesAV - as opposed to "Villages AV." He is NOT using the word Villages (or even the word Village) in his business name.

Like another poster, I too have read one of the cease and desist letters. They are strongly worded and very intimidating to small businesses.

[EnglishJW]

There is a whole 'nother thread on this topic started a couple of days ago. I will try to find it for you.

Here it is;

https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/wonder-when-website-will-get-new-name-156098/?highlight=trademark

Thank you. I see this is hardly "new news."

[Ooper]

You folks are missing my point. I don't have any problem with them protecting their trade marked text, fonts, pictures, words, logos, etc. My point is if they require one or two or three businesses to refrain from using the word "Village" or the words "The Villages", why not be fair and require the probable hundreds of businesses in the area that have the same similarity. And as far as dirtbanker's request, the offer was not made to you. If you do not believe me, that's your prerogative, even though there are 3 more businesses mentioned that also received such letters. And BTW, your suggestion to remove the word "The" cannot be done as, if you read my post, is was not contained in the name to begin with.