TEA Party Officials from left: James Heinzeiman, Fred O'Neal, Doug Guetzloe Credit: Lane Wright

"The defendant has overstepped his attempt at monopoly," attorney Frank Herrera told U.S. District Judge Kenneth Marra, contending that Frederic O'Neal had no exclusive right to the Florida Tea Party name.

O'Neal, who registered the Florida Tea Party with the state Division of Elections, countered that tea groups represented by Herrera could have registered the name with the state, but did not.

O'Neal further alleged that South Florida Tea Party director Everett Wilkinson, one of the plaintiffs in the lawsuit, created "confusion" by identifying himself as "chairman of the Florida Tea Party" -- the title held by O'Neal.

Herrera replied that O'Neal's group had put a "stink in the air" over rights to the name.

"We don't need his permission (to use the name)," said Herrera, who identified himself as an attorney specializing in patents and trademarks.

In their lawsuit, the rival tea groups asserted that O'Neal's TEA Party "obtained gains, profits, and advantages as a result of their unlawful acts that they are the 'original' or 'authorized' tea party." 

"Upon information and belief, the public is confused whether the Florida registered political party is indeed endorsed or associated with the 'tea party' movement," the suit stated.