General

Trademark issue involving development name resolved

Trademark issues can arise where businesses of all kinds are concerned. While likely not the first thing to come to mind when one thinks about situations where this could be an issue, real estate developments could be involved in a disagreement of this nature. This is illustrated by a case that was recently resolved in Central Florida.

The issue involved two developers involved in projects in Lake Nona. One developer—The Klein Company was using the name Dwell at Lake Nona for a development. Having previously named other projects with geographic names, this followed its pattern. Another developer—Tavistock, which is affiliated with Lake Nona Property Holdings—is also working on developments in the Orlando area. As a part of its developments it registered trademarks such as “Lake Nona.” The registration and promotion cost the developer millions.

The money spent on this likely contributed to Lake Nona Property Holding suing The Klein Company for trademark violation. That case was recently resolved with The Klein Company agreeing to change the name it is using to Dwell at Nona Place. This week the case was dismissed and a copy was forwarded to the U.S. Trademark and Patent office.

This case could be important to other developers not only in the Orlando area but throughout the nation. This is because it is possible that it could become precedent for other developers seeking to name a development with a geographic name that has been trademarked.

As is the case with any issue involving a business the best way to resolve such matters is via the assistance of a lawyer.

Mon Aug 27, 2:58pm