Michael Chesal and Steven Peretz of Peretz Chesal & Herrmann. Photo: Jill Kahn. Michael Chesal and Steven Peretz of Peretz Chesal & Herrmann. Photo: Jill Kahn.

After almost seven years, 170 pleadings and four mediation sessions, Florida International University has agreed to end its trademark war against rival Florida National University, with a $1.135 million settlement that dissolved the issue of attorney fees.

FIU sued FNU in 2013, alleging its name was too similar. But the lawsuit flopped when U.S. District Judge Kathleen Williams in the Southern District of Florida found no evidence that college applicants ever got the two institutions confused.

Michael Chesal and Steven Peretz of Peretz Chesal & Herrmann in Miami represented FNU and won $1.15 million in attorney fees for their client in August 2019—which FIU opposed and appealed to the Eleventh Circuit.

That appeal proved unpopular among some of FIU's own students, according to an editorial that ran in student newspaper Panther NOW, which called the case a "meritless mess," and compared the plaintiff to "a schoolyard bully picking on a small child."

"The notion that FNU is drawing Panthers away from their den holds no water," the story said. "More than 13 universities in the state have 'Florida' and 'University' in their names and acronyms, some of which are much larger and offer a wider range of degrees than FNU."

FIU and its attorneys Jaime Vining and David Friedland of Friedland Vining in Miami did not immediately respond to requests for comment.

No happy ending

FIU has agreed to drop that appeal under the settlement agreement, which has already been paid, according to Peretz, who said FNU had an additional fee application for about $134,000 pending before the district court.

"The cost of an appeal to either side would have been anywhere from $100,000 to $200,000, and we told FIU that we were going to seek those attorney fees too if we prevailed before the appellate court, so they had a strong incentive to settle the case," Peretz said.

The agreement came after three failed mediation sessions over several years, but as Peretz put it, "The fourth time was the charm."

Peretz said he was "troubled" by the lawsuit since the day it was filed.

"We saw no overlap in channels of trade between the two universities. and it was frustrating," Peretz said. "We did not see this case having a happy ending for FIU, and it turned out it did not have a happy ending for them."

 

Read more:

Florida National University's $1.15M Fee Award Approved After Trademark Fight With FIU

FIU and FNU Fought Over Their Names. Lawyers Made $1.2M From That Trademark Battle

FI-Who? Judge Says FIU's Name Not Strong Enough to Win Trademark Suit