[Ooper]

Originally Posted by Skip

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]

Originally Posted by Ooper

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]

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

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]

Originally Posted by Shadow8IA

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

Less taxes

[Skip]

Originally Posted by Ooper

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]

Originally Posted by 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.

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]

Originally Posted by Lyle Gant

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]

Originally Posted by graciegirl

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
How do you feel now? :-)

Skip