[Ooper]

Originally Posted by 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.

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]

Originally Posted by justjim

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"!

[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]

Originally Posted by 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 .

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]

Originally Posted by 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 .

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

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]

Originally Posted by 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

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]

Originally Posted by Lyle Gant

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]

Originally Posted by rlcronin

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