www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 18, 2014
November 18, 2014 - Regular Meeting
Agenda Item #28


Subject
Settlement Agreement with Robin Draper

Briefings
None

Contact and/or Presenter Information

Elliott Falcione, CVB Director (Presenter) x5913

Monica Luff, CVB Sr. Admin. Spec. (Contact Person) x5913



Action Requested
Authorization for Chairman to sign Settlement Agreement with Robin Draper.

Enabling/Regulating Authority

F.S.S. 125.01



Background Discussion
  • Robin Draper of Sand Dollar Systems, LLC, has applied to federally register the mark "Authentic Florida"; however, the Bradenton Area CVB (BACVB) opposed it due to the fact that the BACVB has used the terms "Real.Authentic.Florida." and the terms "real", "authentic" and "Florida" alone and/or in combination for many years prior to Draper's adoption, use, and/or attempted registration of the Mark.
  • Robin Draper and the BACVB have entered into this agreement for the purpose of resolving any conflict going forward and allowing the Mark to proceed through registration by agreeing (in part) as follows:
    • Draper agrees that without charge or fee, it perpetually and irrevocably consents and will not object to the BACVB (and other users) to provide marketing, brand awareness, support or using services to the BACVB or Other Users for any use of "Real.Authentic.Florida." in any form, font, style or medium and with or without capitalization, punctuation marks or spaces, "Authentic", "Florida", "Real", "Genuine" or any similar terms, either alone or in any combination or form, including but not limited to, as descriptive words or as a tagline or trademark or service mark in any promotion, ad or marketing, brand awareness, support or business services, business material (but if the word "authentic" is combined with the word "Florida" without other words and used as the combined phrase "authentic Florida", then the use shall be in a manner consistent with any historical use or the phrase shall only be used a s a descriptive sentence or phrase such as "Come see authentic Florida"); provided such use is related to BACVB or Other User's services of promoting and marketing tourism, travel, vacationing, and/or business development in the State of Florida or in any counties thereof, including in Manatee County, Florida, or is in a matter that is generally consistent with their historical use.
    • BACVB agrees that it will not oppose, petition to cancel, or otherwise challenge Draper's application, registration, or use of the Mark other than for the defects or defenses set forth in 15USC 1115(b) so long as Draper acts in accordance with this Agreement.
    • Draper agrees not to register, attempt to register, or use BACVB's "Real.Authentic.Florida." mark or any term confusingly similar thereto.
  • The CVB agrees with, and recommends the Chairman sign, the settlement agreement which will allow the BACVB to continue to use Real.Authentic.Florida. as its tag line.  The CVB can also use "authentic Florida" in reference to our area, but not as a URL or proper name.  Our partners and vendors are also protected to use these words upon our direction as well. 


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
James Minix (County Attorney) and Matthew Jenkins, Esq (County Attorney's outside counsel) as well as Ms. Draper's attorney (Christopher Caswell, Esq.) have worked together to develop this settlement agreement.

Reviewing Attorney
Minix

Instructions to Board Records

One Original agreement to James Minix, County Attorney

One copy of signed agreement to CVB (monica.luff@mymanatee.org)

Copy of approved agenda memo to CVB (monica.luff@mymanatee.org)



Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  Draper Settlement Agreement.pdf