‘Florida Online School’ Trademark Validated by Eleventh Circuit

A private online education platform’s “Florida Online School” trademark doesn’t infringe that of the state legislature-established Florida Virtual School, the Eleventh Circuit said.

K12 Inc.'s trademark differs significantly from Florida Virtual School’s commercially and conceptually “weak” mark, said the US Court of Appeals for the Eleventh Circuit’s opinion filed Thursday.

Florida Virtual School failed to offer any evidence of actual confusion nor any survey evidence of likely confusion, the opinion by Circuit Judge Britt Grant said.

The opinion affirms a district court ruling in a case the state-funded agency pursued for years despite K12 promptly stopping use of the trademark ...