Nocatee rucking group warring with developer over trademark: ‘We don’t like being bullied’

There’s something weighing on retired FBI agent Tom Simon — in addition to his rucksack.

The co-leader of a thriving Nocatee rucking group — where participants march in unison while wearing weighted vests or backpacks — has found himself in a trademark tangle with the master planned community’s developer.

Simon revealed on social media this week that lawyers for The Parc Group demanded that he stop using the name “NOC Rucks” or face a lawsuit, citing trademark infringement.

The retired lawman, who now runs his own private investigations firm, told The Citizen that NOC Rucks is little more than a loosely affiliated community group.

“We are just neighbors who get together and walk,” he said. “That’s it. So it was really disappointing for them to come after us in such a relentless and aggressive manner.”

NOC Rucks was established by Marine Corps veteran Mike Schroder in 2020 in the throes of the pandemic as a way to wrench himself — and his neighbors — off their COVID couches.

Simon — who unearthed financial fraud in the FBI’s Jacksonville field office before going into the private sector — joined Schroder weeks later and the pair agreed to manage the effort jointly.

The outings were initially modest, but the festive phalanx always drew notice from intrigued locals.

“Neighbors would ask if they could join us,” Simon states in a video posted on social media. “And we always said yes.”

Soon, the plodding platoon routinely drew more than 100 walkers on their bi-weekly walkabouts.

“These are parents and their kids,” Simon notes. “Moms pushing strollers. Retirees. Teenagers and newcomers to Nocatee looking to make friends.”

But aside from a pair of Facebook pages, the group never incorporated or filed any formal documentation as to its existence.

“We’ve never charged a penny,” he said. “There’s no agenda or ideology.”

So Simon said he and Schroder were “floored” after receiving a letter from Atlanta-based attorney Elizabeth Borland threatening legal action if they didn’t nix the Noc from their name.

Famously protective of their prodigious Nocatee brand, The Parc Group has tightly enforced its trademarks.

The strategy guards against businesses attaching themselves to the successful brand free of quality control.

The measure would halt the grand opening of a “Nocatee Bidet Supercenter & Grille,” for example.

“Over the years, we have had many businesses, clubs and non-profits attempt to use the name NOCATEE or NOC as part of their name or identity,” a Parc Group representative told The Citizen in a statement.  “We do not prohibit the activity of organized clubs or their members.  But while some clubs such as NOC RUCKS are good for the community and consistent with our brand, some are not and can be divisive or damaging to our community.  We do not want to be in the position of discriminating between organizations or allowing businesses or clubs to claim that an endorsement or affiliation exists.”

In his initial response to Parc, Simon contended that NOC Rucks is not a commercial enterprise, and should be spared.

He told The Citizen that he understands the Parc Group’s general position on the trademark issue, but contended that specific local groups should not be subject to legal action.

“We’re just going for walks with our neighbors and their children,” he said. “We don’t want to be sued.”

Rather than stand down, Simon and Schroder retained a lawyer who offered to pay The Parc Group a licensing fee for a one-off usage, he said.

But the pair were again told to “buzz off,” according to Simon.

“We love it here,” he told The Citizen. “We love everything The Parc Group has done with Nocatee. But we’re not going to let ourselves be pushed around just because someone has more money or resources than us. We don’t like being bullied.”

Simon also asserted Thursday that records show Parc does not actually own a valid or comprehensive trademark of the term “Noc,” contrary to their assertions.

“Until SONOC (Nocatee’s ownership) can establish to us that they own the NOC trademark, we intend to proceed with our walking club,” Simon said.

He urged sympathizers to contact The Parc Group and ask them for a reprieve — and a weight off his mind.

But the developer told The Citizen that is doesn’t intend to change its position.

“We have made a significant investment in roads, trails and paths in Nocatee and are pleased to see the NOC RUCKS walking as a group and enjoying the Nocatee lifestyle,” they told us. “We hope this provides clarity to the situation.”