Florida Virtual School v. K12, Inc.

Written By Hans Riefkohl

Florida Virtual School v. K12, Inc.

No. 24-10449, Eleventh Circuit (Jan. 15, 2026)

Relevant Facts

  • Florida Virtual School held registered trademarks. K12 launched "Florida Online School" through a contract with the Hendry County School District.
  • Florida Virtual sued for trademark infringement, unfair competition, false advertising, and breach of a prior settlement agreement.

Decision of the Court

The Eleventh Circuit affirmed in all respects. Florida Virtual failed to present evidence of actual damages. Without viable damages, there was no right to a jury trial. Florida Virtual's marks were commercially weak despite being incontestable. No likelihood of confusion was found.

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Hans Riefkohl
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