The Conch Republic really does exist, at least in trademark law. The “Conch Republic,” a fictitious and satirical name for the Florida Keys, has no legal existence, but a Florida court recently held that the name may have protection as a trademark if the public associates the name Conch Republic with the “Conch Republic Independence Festival” annually held by Peter Anderson in the Florida Keys.
The 3rd District Court of Appeal in Miami recently addressed whether this festival celebrating the “Conch Republic” was a generic trademark for infringement purposes. The court, in Anderson v. Upper Keys Business Group, Inc., held in April that the term “Conch Republic” was not generic, and could be protectable as a descriptive trademark if secondary meaning is established — that is, if it can be shown that consumers make a connection between the term “Conch Republic” and Anderson’s festival.
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