Florida Virtual School v. K12, Inc., et al., No. 12-14271 (11th Cir. 2014)Annotate this Case
After certification to the Supreme Court of Florida, the Supreme Court of Florida answered the following question in the affirmative: Does the Florida Virtual School’s statutory authority to “acquire, enjoy, use, and dispose of . . . trademarks and any licenses and other rights or interests thereunder or therein,” and the designation of its board of trustees as a “body corporate with all the powers of a body corporate and such authority as is needed for the proper operation and improvement of the Florida Virtual School,” necessarily include the authority to file an action to protect those trademarks? Given the Supreme Court of Florida's ruling, Florida Virtual School has the authority, and the standing, to file an action to protect its trademarks. Accordingly, the court reversed the district court's dismissal of Florida Virtual School's trademark infringement suit against K12 and K12 Florida, and remanded for further proceedings.