Erica B. E. Rogers of Ward and Smith, P.A. , The National Law Review; What's in a Name Anyway? Trademark Basics for Community Associations
"This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners...
IV. VALUE PROPOSITION FOR COMMUNITY ASSOCIATION
Trademark rights are crucial for protecting the identity and reputation of a community association. They help prevent confusion among property owners and prospective residents by ensuring that the association's name and symbols remain distinct. However, while trademarks are valuable tools for community associations to deter unauthorized use, they cannot be used to silence opinions or criticisms. Understanding this balance is essential for effectively managing and enforcing trademark rights in a manner that respects both legal protections and fundamental freedoms of the property owners."
