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.
The judge dismissed FLVS’s damages claims, concluding that whatever “minuscule evidence” FLVS brought could not justify the millions of dollars it sought to collect from its competitor.
As a sub-agency of the Florida Department of Education, FLVS holds monopoly-like status in the state, acting as the primary provider of online courses to Florida’s school districts. According to its 2022 financial report (https://www.flvs.net/about-us/operational-information/financial-information), FLVS had over $372 million in combined revenues between its “Government Activities” and “Business-Type Activities.” Most of that revenue is generated by Florida tax dollars that flow through the Florida Education Finance Program (FEFP).
K12 Inc. describes itself as a leader in online education and offers courses and programs to schools and districts across U.S. K12 Florida is listed as an approved provider (List of Approved Program and Course Providers) of online programs and courses in Florida.
In a statement, K12 said the judgment was “clear” and that Florida Virtual School’s claims were “frivolous and without merit.”
“The litigation was a complete waste of taxpayer money. K12 Inc. will continue to defend itself against this sort of frivolous litigation and pursue what is right and in the best interest of the students and families we serve.”
FLVS has not made any statements since the decision was released.
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