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Trademark Board Suspends Action On Yosemite National Park Trademark Case

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Legal wrangling over the ownership of trademarks to iconic facilities in Yosemite National Park could commence sooner than expected following a decision by the U.S. Trademark Trial and Appeal Board to remove itself, at least temporarily, from the fray.

Interior Department lawyers had hoped that the trademark board would cancel the marks that DNC Parks & Resorts at Yosemite, Inc., holds on The Ahwahnee Hotel, Curry Village, Wawona, Badger Pass, and even Yosemite National Park. But the board announced Wednesday that it would suspend its work on the matter in light of the pending civil case between DNC and the National Park Service.

"It is the policy of the Board to suspend proceedings in a pending case when the parties are involved in a civil action, which action may be dispositive of or have a bearing on the Board case," the panel announced. "In considering the contract alleged to have been breached and whether it has been breached, the court may consider and even reach a determination of ownership rights in the marks at issue. In view thereof, the civil action may be dispositive of or have a bearing on this proceeding."

After receiving that notice, DNC lawyers asked U.S. District Judge Patricia Campbell-Smith to lift a stay on proceedings the Interior Department had requested pending the trademark board's ruling. On Thursday she did so, though there was no immediate scheduling of further proceedings.

Interior lawyers had asked the trademark board to cancel the Yosemite-related trademarks held by DNC, arguing that the concessionaire had obtained them without notifying the Park Service or seeking its permission, and also that DNC had no plans for the marks after this past March 1, when a subsidiary to Aramark took over the concessions business in Yosemite.

More so, the lawyers argue that the marks created a "false suggestion" that DNC was connected with a national symbol, in this case Yosemite National Park. That suggested connection, they argue further, dilutes the value of the Park Service properties in Yosemite.

The government and Delaware North, DNC Parks & Resorts at Yosemite's parent, have been battling over Yosemite since 2014 at least. After DNC Parks & Resorts lost the lucrative Yosemite concessions contract, Delaware North filed a $10 million-plus claim against the government last September. In that claim, DNC Parks & Resorts alleged breach of contract by the Park Service for its failure to require Aramark's subsidiary to purchase DNCY's intangible properties, including the trademarks, after landing the Yosemite contract.

The issue of trademarking words attached to properties in the National Park System arose in 2014, when the Park Service released a prospectus for a 15-year contract involving concessions at Yosemite. During the process, DNC, which has held the concessions business in Yosemite since 1993, notified the Park Service that it held "intellectual property" rights in the form of trademarks attached to lodgings in the park.

This past January the Park Service decided that, to avoid a legal battle that might interfere with the changeover in concessionaires on March 1, it would change the property names in Yosemite. Thus The Ahwahnee Hotel became the Majestic Yosemite Hotel, Yosemite Lodge at the Falls is being referred to as Yosemite Valley Lodge, Curry Village is now Half Dome Village, Wawona Hotel has become Big Trees Lodge, and Badger Pass Ski Area is being called Yosemite Ski & Snowboard Area.

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