If one of their applications is approved, they’ll be able to impose all sorts of limitations on who can use the term and how. If Davis doesn’t get the trademark but someone else does, he could be forced to shut down his website, or at the very least have to stop selling his merch.
Trademarking a term is a hairy process, especially when you’re dealing with an abstract idea rather than a product or service. As a Largo-based trademark attorney told the Tampa Bay Times:
“If it’s a generic term that everyone uses — like escalator or elevator — those would not be able to be registered.”Given the breadth and scope of the Florida Man concept, one could argue that it’s too broad and widespread for anyone to own.”
There are certainly moral implications to making money off these individuals, or even reporting on them at all. Is it ethical to grab someone’s mugshot, report on it, or turn it into a meme? It depends on the subject. Often, these aren’t just funny, eccentric people, but those with addiction, financial trouble, and mental health issues.
In 2017, The Orlando Sentinel declared “a mental illness epidemic” in Florida. A reported 660,000 adults and 181,000 children there live with serious psychological ailments including bipolar disorder, severe depression, or schizophrenia. In the recent past, Florida has provided a mere $37.28 per person annually for mental-health programs.
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