Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Bet you already knew this.. (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/bet-you-already-knew-136011/)

graciegirl 12-18-2014 09:02 AM

Bet you already knew this..
 
We were at the Brownwood sales office and happened upon a little shop inside that is selling the licensed The Villages logoed clothing.

I knew when the inexpensive shirts that said The Villages disappeared from Bealls Outlet stores and the local drug stores that something was afoot. It appears that The Villages has rightly claimed their licensing right to their name.

Of course licensed products are more expensive usually, but they did have golf shirts for $24. Not bad.

No. I don't work for the developer.

Buffalo Jim 12-18-2014 09:26 AM

Gracie : I am not educated as a lawyer however I have had quite a bit of experience with issues related to logos , trade- styles / trademarks , and the like .
It has been my experience that if a legal entity does not " defend " / "enforce" it`s rights to sole use of it`s various trade-marks , slogans et al after a while it will lose legal claim to exclusivness .
I believe that these rights and requirements to enforce the sole rights to unique trade-styles come under the heading of what is known as " The Uniform Commercial Code ".
But then again what do I know ? There are no doubt many more experts on this site than me .

rubicon 12-18-2014 09:35 AM

You name it and the Villages of Lake-Sumter, Inc. will cut you off at the knees if they feel you are competing for some of what they view is their business which frankly is about everything. Uniform Code aside I have had conversation with some business people outside The Villages and VKSI is very aggressive.

I am not one for logo so this issue isn't a concern but one has to ask how much of a free market exists in The Villages?

I opinion others can decide but please keep it businesslike

billethkid 12-18-2014 10:18 AM

Quote:

Originally Posted by rubicon (Post 982610)
You name it and the Villages of Lake-Sumter, Inc. will cut you off at the knees if they feel you are competing for some of what they view is their business which frankly is about everything. Uniform Code aside I have had conversation with some business people outside The Villages and VKSI is very aggressive.

If you want to hear that elaborated upon just talk to the owner of a business located within TV that is close to competing with any business owned or operated by TV or the family.

graciegirl 12-18-2014 10:19 AM

Quote:

Originally Posted by rubicon (Post 982610)
You name it and the Villages of Lake-Sumter, Inc. will cut you off at the knees if they feel you are competing for some of what they view is their business which frankly is about everything. Uniform Code aside I have had conversation with some business people outside The Villages and VKSI is very aggressive.

I am not one for logo so this issue isn't a concern but one has to ask how much of a free market exists in The Villages?

I opinion others can decide but please keep it businesslike

I have represented apparel lines with licensing when I was an apparel rep and that right is protected under the guns and alcohol folks if I remember correctly.(Think bootlegging) I am pretty sure Rubicon, if you were one of the developer's clan you would be protecting that right by claiming it. Business is business.

Until the feds say it is an old Indian name, disrespectful, and can't be used.

AND for those who have acidly commented before on my vocations.... I was a teacher, until college age kids appeared and then I switched to business.

missypie 12-18-2014 10:43 AM

Quote:

Originally Posted by graciegirl (Post 982634)
I have represented apparel lines with licensing when I was an apparel rep and that right is protected under the guns and alcohol folks if I remember correctly.(Think bootlegging) I am pretty sure Rubicon, if you were one of the developer's clan you would be protecting that right by claiming it. Business is business.

Until the feds say it is an old Indian name, disrespectful, and can't be used.

AND for those who have acidly commented before on my vocations.... I was a teacher, until college age kids appeared and then I switched to business.

YOU tell 'em Gracie

Polar Bear 12-18-2014 10:47 AM

Bet you already knew this..
 
Quote:

Originally Posted by graciegirl (Post 982634)
?..if you were one of the developer's clan you would be protecting that right by claiming it. Business is business...

Yep.

Bonny 12-18-2014 03:50 PM

If it's my place, my name, no one else better be selling stuff with those names and profiting off of me. Go start your our place or business. ;)

alanmcdonald 12-18-2014 04:05 PM

I am a trademark lawyer.

The Villages has the word mark THE VILLAGES and THE VILLAGES (Stylized logo) registered as trademarks for numerous goods and services.

If they did not protect the marks against unlicensed uses they would lose the marks. They are only doing what the law requires them to do to protect their marks.

They could choose to allow the uses, under a written license, but are under no obligation to do so. The marks are theirs to exploit as they feel best.

It appears that they want to control the outlets selling logo merchandise and they are fully within their rights.

Villager Audio Video 12-18-2014 04:34 PM

I got a certified letter from McLin Burnsid (The Villages law firm) about my use of the name The Villages AV, The Villages Audio Video and
TheVillagesAV.com.

Long story short I rebranded my company to VillagesAV.com, Villages Audio Video, Villages Home Theater and VillagesHomeTheater.com.

If you operate a business with The Villages in the name, best to stay under the radar. It's not if but when will you get the letter...

Mudder 12-18-2014 04:45 PM

Thanks for telling us about that little shop Gracie. I was wondering what happened to those shirts at Walgreen, etc... Does this affect Banner Mercantile in any way?

circletrack 12-18-2014 08:57 PM

Quote:

Originally Posted by Mudder (Post 982785)
Thanks for telling us about that little shop Gracie. I was wondering what happened to those shirts at Walgreen, etc... Does this affect Banner Mercantile in any way?

I believe this all the same Villages-themed merch they sold at Banner Mercantile, just in a small location within the sales office.

I highly doubt this has anything to do with Beals or Walgreens.

Heck, the Walmart on 466 has a ton of "The Villages" shirts and sweatshirts for sale in the mens section as we type.

ronsroni 12-19-2014 12:16 AM

Gracie sure can put it out there for stimulating thought and convo.
Hi Gracie! How is everyone? Happiest of Happy Holidays to you and yours......
As always,
PEACE for now and always.
Roni

graciegirl 12-19-2014 07:04 AM

Quote:

Originally Posted by ronsroni (Post 982940)
Gracie sure can put it out there for stimulating thought and convo.
Hi Gracie! How is everyone? Happiest of Happy Holidays to you and yours......
As always,
PEACE for now and always.
Roni


Roni...Happiness to you always, today and everyday and every good wish for a wonderful girl.

graciegirl 12-19-2014 07:07 AM

Quote:

Originally Posted by circletrack (Post 982872)
I believe this all the same Villages-themed merch they sold at Banner Mercantile, just in a small location within the sales office.

I highly doubt this has anything to do with Beals or Walgreens.

Heck, the Walmart on 466 has a ton of "The Villages" shirts and sweatshirts for sale in the mens section as we type.


I think I may be wrong and you are right, because last night Sweetie said the same thing. But I haven't seen any that said The Villages lately in other retail stores.

I don't mind if they claim their right to their name. They earned it. But everyone knows I am a huge fan of The Morse Family. If you don't give away business, you make money that you can use for anything, including kind, quiet, good works. And contributions to the political party of your choice...and other things.

Yosemite 12-19-2014 09:03 AM

I am confused. "The Villages" is a place name, like Orlando, Miami, New York, etc. Surely someone cannot own the name. When I lived in Fairfax many businesses had Fairfax as part of their name. As I am sure Orlando companies do as well. I can see where they own the logo, but the name?

slipcovers 12-19-2014 09:51 AM

It is the same as stealing...they are stealing someone's hard work and reputation. There are many ads on this site with "The Villages" as THEIR name. I am looking at one now..."The Villages Computer Repair. This site should not allow these businesses to advertise.

Gary Morse named HIS development, and it is not the same as Orlando, New York, or Fairfax.

alanmcdonald 12-19-2014 10:52 AM

THE VILLAGES(R) is not a formal city/town/whatever designation. It is a privately developed community, just like SUN CITY(R) or LEVITTOWN(R).
Here is just one of the many trademark registrations:

Mark Image
Word Mark THE VILLAGES
Goods and Services IC 036. US 100 101 102. G & S: Banking services; Insurance administration in the field of life, health, fire, casualty and property insurance; Insurance brokerage in the field of life, health, fire, casualty and property insurance; Insurance consulting in the field of life, health, fire, casualty and property insurance; Real estate brokerage; Real estate investment services; Real estate management of retirement communities; Residential real estate agency services. FIRST USE: 19920701. FIRST USE IN COMMERCE: 19920701
IC 037. US 100 103 106. G & S: Building construction services; Real estate development services in the field of retirement communities. FIRST USE: 19920701. FIRST USE IN COMMERCE: 19920701

IC 041. US 100 101 107. G & S: Entertainment services, namely, the provision of continuing programs featuring general news and retirement living delivered by television; Golf club services; Golf courses; Movie theaters; Organizing sporting events, namely, polo, golf and bowling; Polo club services; Providing bowling alleys. FIRST USE: 19920701. FIRST USE IN COMMERCE: 19920701

Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 85779473
Filing Date November 14, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition November 5, 2013
Registration Number 4468815
Registration Date January 21, 2014
Owner (REGISTRANT) Holding Company of the Villages, Inc. CORPORATION FLORIDA 1020 Lake Sumter Landing The Villages FLORIDA 32162
Attorney of Record Lori T. Milvain
Prior Registrations 2339401;2614700;3915348
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "THE VILLAGES" in a stylized font.
Type of Mark SERVICE MARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

joldnol 12-19-2014 11:19 AM

Their stuff tends to be expensive but if you hit them right they have great sales. Nov 1st we went in on a whim and and they had all of their breast cancer awareness clothing on sale for 75 % off. We made out like bandits. I got four golf shirts for 8 bucks a piece. Yeah they are pink but at least they aren't sissy colors like orange and blue (Go Noles). My wife got a beautiful sweater for 20 dollars. All of their Halloween merchandise was deeply discounted also.

Lauren Sweeny 12-21-2014 09:53 AM

Trade mark story; I was working as a New kindergarten teacher preparing a bulletin board in my classroom. I had copied several characters from the Disney cartoons,painstakingly drawing and coloring in their features. The display looked fantastic with the students work highlighted. On parents night ,one of the parents told me I should remove the Disney characters because of copyright infringements . He worked at American Greetings legal offices that follow up on infringement cases.
The Care Bears characters had just come out and many teachers had been copying characters from that collection. He shared his knowledge of the legalities involved . I was most grateful to know as the fines etc were very harsh for this new teacher.

Bonny 12-21-2014 09:59 AM

Quote:

Originally Posted by Lauren Sweeny (Post 983878)
Trade mark story; I was working as a New kindergarten teacher preparing a bulletin board in my classroom. I had copied several characters from the Disney cartoons,painstakingly drawing and coloring in their features. The display looked fantastic with the students work highlighted. On parents night ,one of the parents told me I should remove the Disney characters because of copyright infringements . He worked at American Greetings legal offices that follow up on infringement cases.
The Care Bears characters had just come out and many teachers had been copying characters from that collection. He shared his knowledge of the legalities involved . I was most grateful to know as the fines etc were very harsh for this new teacher.

They are not looking at teachers, parents, etc. for infringing on their copy rights. They want the people who are exposing it for attention to make money off of them or showing their products publicly, especially in a negative way. Also for people who out and out steal their logos, etc.

alanmcdonald 12-21-2014 12:13 PM

Disney is probably the most aggressive defender of its trademarks and copyrights.

Every so often you will hear a story of how Disney made a day care center repaint its walls that were painted with Disney characters.

Jim 9922 12-21-2014 06:20 PM

My Grandpappy used to say "your trademark/patent is only as good as the amount of money you have to defend it." Just ask Apple, Sony, Mattel Toys, Sears Craftsman, Disney, Parker Bros. Games, Pepsi, etc. And they rightfully do.

alanmcdonald 12-22-2014 08:05 AM

The average cost for each side to litigate a patent infringement case today is $4 million. That is why almost 98% of patent litigation is settled before trial.

Trademark cases are less expensive, but can run up to $1 million a side.

The only thing more expensive than intellectual property litigation is antitrust litigation.

Villages Kahuna 12-22-2014 11:35 AM

Bingo!!
 
Quote:

Originally Posted by Bonny (Post 982763)
If it's my place, my name, no one else better be selling stuff with those names and profiting off of me. Go start your own place or business. ;)

Quote:

Originally Posted by alanmcdonald (Post 982770)
I am a trademark lawyer.

The Villages has the word mark THE VILLAGES and THE VILLAGES (Stylized logo) registered as trademarks for numerous goods and services.

If they did not protect the marks against unlicensed uses they would lose the marks. They are only doing what the law requires them to do to protect their marks.

They could choose to allow the uses, under a written license, but are under no obligation to do so. The marks are theirs to exploit as they feel best.

It appears that they want to control the outlets selling logo merchandise and they are fully within their rights.

Bingo!!


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