The Florida Virtual School sued K12 in federal court accusing it of trademark infringement. K12 contended that the Florida Virtual School lacked standing to sue because the State of Florida owns the Florida Virtual School trademarks, and the Florida Department of State is authorized to enforce and protect state-owned trademarks. The trial court agreed and dismissed the suit. The Florida Virtual School appealed. The 11th U.S. Circuit Court of Appeals has asked this Court whether the statute creating the Florida Virtual School includes the right to file an action to protect the Florida Virtual School trademarks.