Legal Question in Intellectual Property in Florida
First Use of Trademark Determination
A private school has the same name. Lets say x academy. If there are over 6 x academies in Florida and non have a federal trademark, and I open x academy #7, can any of the 6 academies be able to sue me for trademark infringement under common law, or the fact that so many acdemies use the same name protect me?
1 Answer from Attorneys
Re: First Use of Trademark Determination
Can they sue you? Remember my favorite quote of Rudy Giuliani when he was U.S. Attorney for NY, that if he wanted to he could indict a cockroach? Sure, they can sue you. Any of the six senior users could make out a prima facie claim against you. Now, from what you recite in your question, five of the six are going to have the problem that they have no real trademark rights because they aren't the ultimate senior user, and have apparently taken no action against the five other users; the true senior user has acquiescence and other problems that could be asserted as defenses. But no one is going to give you assurances that none of these six users will sue you.
Best wishes,
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LDWG
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