Federal Judge Slams Florida Virtual School In Newly Released Ruling

In a harshly-worded ruling last week, a Florida federal judge slammed the government-run Florida Virtual School (FLVS), calling it a “trademark bully,” rejecting a lawsuit FLVS pursued for years against one its private competitors, K12 Inc.

The ruling was a blistering rebuke of FLVS. The judge asserted that FLVS’s trademark infringement claims were “feeble” and “inherently weak” and that it had brought “no credible evidence” to support its case. The judge chastised FLVS for “inexplicably” not producing expert or statistical survey information to demonstrate consumer confusion. The judge further cited evidence that FLVS made at least one “material misrepresentation” along with additional misrepresentations to the U.S. Patent and Trademark Office.

The judge ridiculed FLVS’s arguments, including its contention that it retains exclusive rights to the phrase “Florida online school” when that phrase is used to simply describe available schooling options in Florida.

“Plaintiff’s argument exposes its attempt to use its weak trademarks to bully its competitors,” wrote U.S. District Court Judge Gregory A. Presnell.