Justia Trademark Opinion SummariesArticles Posted in Education Law
Springboards to Educ v. Pharr San Juan
Plaintiff is an education company that owns various trademarks, including "Read a Million Words," "Million Dollar Reader," "Millionaire Reader," and " Millionaire Reading Club." Plaintiff filed suit against Defendant, a public school district in Texas, based on trademark infringement. The district court granted summary judgment in favor of Defendant.The thrust of any Lanham Act complaint is that the defendant's use of the mark causes confusion which harms the plaintiff's interests. Here, Defendant's implementation of a "million-word reading challenge" would not result in any reasonable person being confused between Defendant's use of the terms and Plaintiff's products. Further, Plaintiff does not make any claim that Defendant was a competitor, only that their use of the terms caused confusion. View "Springboards to Educ v. Pharr San Juan" on Justia Law
Fla. Virtual Sch. v. K12, Inc.
The Florida Virtual School sued K12, Inc. and K12, Florida, LLC (collectively, K12) for trademark infringement. K12 asserted that the Florida Virtual School had no standing because the authority to file an action with regard to the trademarks at issue was vested exclusively in the Florida Department of State. The district court dismissed the case for lack of standing. On appeal, the Eleventh Circuit certified a question to the Supreme Court for determination under Florida law. The Supreme Court answered that the Florida Virtual School’s statutory authority to acquire, enjoy, use, and dispose of trademarks, and the designation of its board of trustees as a body corporate with the powers of a body corporate and the authority for the proper operation and improvement of the School, necessarily included the authority to file an action to protect those trademarks. View "Fla. Virtual Sch. v. K12, Inc." on Justia Law