Royal Palm Properties, LLC v. Pink Palm Properties, LLC, No. 18-14092 (11th Cir. 2020)Annotate this Case
Royal Palm Properties filed suit against Pink Palm Properties for infringing its registered service mark on the phrase "Royal Palm Properties." Pink Palm Properties counterclaimed, challenging the validity of the mark.
The Eleventh Circuit held that the district court erred by flipping the jury's verdict and by granting judgment as a matter of law on Pink Palm Properties' trademark-invalidation counterclaim. The court held that Pink Palm Properties failed to show that no reasonable jury could have found that it failed to prove grounds for cancelling Royal Palm Properties' mark. In this case, Pink Palm Properties' argument that the service mark lacked distinctiveness, and that the mark was confusingly similar to the "Royale Palms" marks, did not entitle it to judgment as a matter of law on its claim that the "Royal Palm Properties" mark was invalid. Accordingly, the court reversed the district court's judgment.