Client ViacomCBS Prevails in Trademark Dispute over “MTV Floribama Shore”

A team led by Partner Susan J. Kohlmann won a complete victory for client ViacomCBS in a trademark dispute over the title of the MTV reality show "MTV Floribama Shore."

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. However, shortly before the premiere, owners of the Flora-Bama Lounge, Package & Oyster Bar—a beach bar, restaurant, and concert venue on the Florida-Alabama border—sent MTV a cease-and-desist letter alleging that the title of the show infringed their trademark rights in the term “Flora-Bama.”

Years later—after two full seasons of “MTV Floribama Shore” had aired and a third was scheduled to premiere—the plaintiffs filed suit against ViacomCBS in the US District Court for the Northern District of Florida. They sought an injunction to stop MTV from using the term “Floribama” in the title, alleged claims for federal and state trademark infringement and violations of Florida’s dilution statute, and sought nearly $100 million in damages and the disgorgement of profits from the series. For multiple years, the parties engaged in extensive discovery, including dozens of fact and expert depositions, much of which was conducted during the COVID pandemic, and Judge Robert Hinkle set the case for a jury trial in Tallahassee, Florida, in November.

In his ruling on September 22, 2021, Judge Hinkle granted summary judgment to ViacomCBS, dismissing the case in full. He wrote that ViacomCBS’s First Amendment right to title its expressive work “MTV Floribama Shore” outweighed the plaintiffs’ rights under the Lanham Act.  The court also noted that most viewers of the show likely understood its title as referring to the geographic area where the show is set, rather than the plaintiffs’ establishments, particularly given that the plaintiffs are in an entirely different line of business from ViacomCBS, that MTV’s show never references the plaintiffs, and that the graphic displays of the two marks were entirely dissimilar.  

“We’re delighted to help our client ViacomCBS protect its brand,” said Ms. Kohlmann.

The team also included Partner Alison I. Stein; Associates Jacob L. Tracer, Rémi D. Jaffré, Ethan C. Wong, and Thomas J. Bullock; and Paralegals Charlotte Stretch and Kevin Garcia.

News of the victory was reported by outlets including the Daily Business Review, Law360 and Reuters.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Client ViacomCBS Prevails in Trademark Dispute over “MTV Floribama Shore”

A team led by Partner Susan J. Kohlmann won a complete victory for client ViacomCBS in a trademark dispute over the title of the MTV reality show "MTV Floribama Shore."

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. However, shortly before the premiere, owners of the Flora-Bama Lounge, Package & Oyster Bar—a beach bar, restaurant, and concert venue on the Florida-Alabama border—sent MTV a cease-and-desist letter alleging that the title of the show infringed their trademark rights in the term “Flora-Bama.”

Years later—after two full seasons of “MTV Floribama Shore” had aired and a third was scheduled to premiere—the plaintiffs filed suit against ViacomCBS in the US District Court for the Northern District of Florida. They sought an injunction to stop MTV from using the term “Floribama” in the title, alleged claims for federal and state trademark infringement and violations of Florida’s dilution statute, and sought nearly $100 million in damages and the disgorgement of profits from the series. For multiple years, the parties engaged in extensive discovery, including dozens of fact and expert depositions, much of which was conducted during the COVID pandemic, and Judge Robert Hinkle set the case for a jury trial in Tallahassee, Florida, in November.

In his ruling on September 22, 2021, Judge Hinkle granted summary judgment to ViacomCBS, dismissing the case in full. He wrote that ViacomCBS’s First Amendment right to title its expressive work “MTV Floribama Shore” outweighed the plaintiffs’ rights under the Lanham Act.  The court also noted that most viewers of the show likely understood its title as referring to the geographic area where the show is set, rather than the plaintiffs’ establishments, particularly given that the plaintiffs are in an entirely different line of business from ViacomCBS, that MTV’s show never references the plaintiffs, and that the graphic displays of the two marks were entirely dissimilar.  

“We’re delighted to help our client ViacomCBS protect its brand,” said Ms. Kohlmann.

The team also included Partner Alison I. Stein; Associates Jacob L. Tracer, Rémi D. Jaffré, Ethan C. Wong, and Thomas J. Bullock; and Paralegals Charlotte Stretch and Kevin Garcia.

News of the victory was reported by outlets including the Daily Business Review, Law360 and Reuters.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

News

In Billboard, Partner Precious Jacobs Discusses the Rise in Artist-Manager Litigation

Partner Precious S. Jacobs was featured in Billboard in “It’s Not Just Timbaland: Why Are So Many Artists Suing Their Managers Right Now?.” The article examines the recent wave of lawsuits between music artists and their managers and why that relationship is so prone to conflict.

November 12, 2026

Event

Partner Terri Mascherin to Speak at Illinois State Bar Association Seminar on Negotiation Ethics

On November 11, Partner Terri Mascherin will join a faculty panel for the Illinois State Bar Association (ISBA) continuing legal education (CLE) seminar “Negotiation Ethics: Winning Without Selling Your Soul.”

November 11, 2026

Publications

Partner Emily Loeb Discusses Congressional Oversight Preparedness in The Washington Post’s Health Brief

Partner Emily Loeb, co-chair of Jenner & Block’s Congressional Investigations Practice, was quoted in The Washington Post’s Health Brief article examining how the 2026 midterm election results may reshape the health care policy landscape and the industry’s relationship with Washington.

November 10, 2026

Publications

Before You Sign: Key Contract Provisions for Tribes Considering Data Center Developments, ICT

Grace Signorelli-Cassady of Jenner & Block’s Native American Law Practice authored an opinion piece for ICT examining key contract provisions tribes should consider when approached about data center developments.

November 5, 2026

Publications

Jon Skladany and Kayvan Sadeghi Quoted on Fintech Investigation Readiness in Law360

Jenner & Block Partners Jon Skladany and Kayvan Sadeghi were quoted in a Law360 article examining how crypto and fintech companies are preparing for heightened congressional oversight following the 2026 midterm elections.

November 5, 2026