Boca Raton Real Estate Broker Keeps Registered Trademark
Written February 25, 2020
The US Court of Appeals for the Eleventh Circuit on February 18, 2020, reversed a district court decision which canceled a Boca Raton, FL, real estate broker’s registered trademark for “Royal Palm Properties.” Royal Palm Props., LLC v. Pink Palm Props., LLC, 2020 BL 56756, 11th Cir., No. 18-14092, 2/18/20.
Royal Palm Properties, a real-estate broker whose specialty is buying and selling homes in Boca Raton, sued its competitor, Pink Palm Properties, for infringing its registered service mark on the phrase “Royal Palm Properties.”
Pink Palm counterclaimed to have the Royal Palm Properties mark canceled. Although a jury said the mark was valid, the district court said it wasn’t distinct.
The Eleventh Circuit disagreed, finding that because the mark was registered, Royal Palm was entitled to the presumption it was distinct.