Yosemite trademark fight

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Messages 1 - 18 of total 18 in this topic
healyje

Trad climber
Portland, Oregon
Topic Author's Original Post - Mar 28, 2017 - 06:45am PT
A Trump family lawyer and DC insider enters Yosemite trademark fight
Jaybro

Social climber
Wolf City, Wyoming
Mar 29, 2017 - 04:42am PT
"Half-asscheese dome"

Lost cheeto

The bigley hotel

The return of the golf course
Gnome Ofthe Diabase

climber
Out Of Bed
Mar 29, 2017 - 04:48am PT








http://www.supertopo.com/climbing/thread.php?topic_id=2961857&msg=2961857#msg2961857


I was thinking
" Seriously " The thread ,,

got more posts than this,


thnx for posting Both.
Batrock

Trad climber
Burbank
Mar 29, 2017 - 06:45am PT
After reading the article it sounds like she is closer to the Clinton camp than Trump. She was Deputy Attorney General under Clinton and close ally of Hillary.
Batrock

Trad climber
Burbank
Mar 29, 2017 - 09:41am PT
More background on Gorelick. Sounds like she will work for whoever has the $$$
https://en.m.wikipedia.org/wiki/Jamie_Gorelick
Spider Savage

Mountain climber
The shaggy fringe of Los Angeles
Mar 29, 2017 - 10:39am PT
Those trademarks are the rightful property of the citizens of the USA. No other corporation has a right to block, hog, sell, trade or exploit them. Any royalties need to be paid to us and go back into care of that area.

Congress needs to recognize this and pass a bill that condemn all trademarks on public property by private entities and forever mandate that they are registered trademarks of the USA.


If you have legal experience and would like to help me write the draft on this proposed law please contact me and we will get it in front of a congress person will the guts and smarts to put it up and through.
Batrock

Trad climber
Burbank
Mar 29, 2017 - 10:47am PT
I think it's already underway Chris. I am good friends with one of the original Curry family. He has already attempted to get that ball rolling and has been very vocal about the issue.
blahblah

Gym climber
Boulder
Mar 29, 2017 - 11:33am PT
More background on Gorelick. Sounds like she will work for whoever has the $$$
https://en.m.wikipedia.org/wiki/Jamie_Gorelick

Real life lawyer here (a terrible one I've learned from posting on ST, but so be it). Let me note that lawyers in private practice generally represent whoever will pay them, especially in civil disputes that don't raise any ethical issues. I thought that was generally known, but perhaps not.

On the merits of this particular dispute, at first blush it sounds preposterous for the prior concessionaire (Delaware North) to contend that it owns trademark rights associated with the historical place names in Yosemite.

Buuuuuut, I believe the allegation is that the NPS took the position that a still earlier concessionaire owned the trademark rights when Delaware North took over, which was forced to pay the earlier concessionaire, and that the various contracts conveyed trademark rights to Delaware North.

Why did NPS do that? Who knows, but general incompetence seems like a good guess. (My knowledge of this is just based on reading various news reports in the past; I don't have any detailed knowledge, and it's possible my understanding isn't correct. In my experience, media reports of law suits aren't known for being particularly accurate.)







Batrock

Trad climber
Burbank
Mar 29, 2017 - 11:55am PT
Blahblah, or is it Bob Bobla Law?
My point was just that, people like to point out that so and so is working for Trump or Clinton or whoever but in the end all they really care about is who will pay them. I noticed she worked for BP in the Deep Water Horizon case, many would say that was a ethical or unethical decision but I am sure it payed very well.
Byran

climber
Half Dome Village
Mar 29, 2017 - 12:21pm PT
Here is the most detailed and factual article I've been able to find on the trademark dispute. Worth reading before you form an opinion on the matter.

http://sierranewsonline.com/delaware-north-vs-nps-how-did-it-come-to-this/

At the bottom of the article are also links to the legal documents which DNC and the NPS have filed, if you want to read the lawsuits yourself.
Byran

climber
Half Dome Village
Mar 29, 2017 - 12:34pm PT
Congress needs to recognize this and pass a bill that condemn all trademarks on public property by private entities and forever mandate that they are registered trademarks of the USA.
Would bands be able to sell merch if they're playing at a publicly owned music venue? Would Starbucks lose all their trademarks because they operate in LAX? Would Pepsi lose their trademarks because they've driven one of their trucks on public roads? How would this be different from the Curry Company losing their trademarks because they operate a hotel in a national park? King Cobra is a pretty iconic and historic part of Yosemite beer drinking. How ridiculous is it that Anheuser-Busch should be able to trademark the valley snake!

Other breweries would also be in for trouble!

Not to mention climbing companies
http://www.metoliusclimbing.com/haul_bags.html
http://blackdiamondequipment.com/en_US/big-wall-climbing/lost-arrowr-pitons-BD52050000001__1.html

As well as some non-profits most people here probably like

And I imagine Ken Yager would lose his trademark of "Facelift".
Jon Beck

Trad climber
Oceanside
Mar 29, 2017 - 01:40pm PT
Any legislation that retroactively "took" trademarks away from private owners would be unconstitutional as ex post facto law.

I do think the NPS was smart to rename everything with really horrible names. By the time this issue comes up for trial the NPS will be able to show that concession revenues were unaffected (or in fact increased) by the dropping of the trademark names. Sure, maybe they lost some t-shirt sales (Go Climb a Rock), but that is not significant

This evidence makes the names worth a hell of a lot less money than DNC is claiming
clinker

Trad climber
Santa Cruz, California
Mar 29, 2017 - 03:30pm PT
Werner better trademark his name.
blahblah

Gym climber
Boulder
Mar 29, 2017 - 04:03pm PT
Werner better trademark his name.

Too late, it's already been trademarked in connection with "fall protection equipment" etc.

c wilmot

climber
Mar 29, 2017 - 04:08pm PT
I really don't care about the name changes. It's just words.
I do care about the nps getting proper funding to maintain our parks infrastructure.
Write your reps and tell them to adequately fund our parks.
Steve Grossman

Trad climber
Seattle, WA
Mar 29, 2017 - 05:39pm PT
Hopefully a common sense jury will see fit to dispense with this bullshit claim. Honestly...
christoph benells

Trad climber
Tahoma, Ca
Mar 29, 2017 - 05:54pm PT
im not sure if i fully understand the issue.

The names only have to change because deleware north or whatever the previous concessionaire was claims they own the names and need to be paid for the names?

and its cheaper to change the names vs paying for them?
ß Î Ø T Ç H

Boulder climber
ne'er–do–well
Mar 29, 2017 - 05:58pm PT
Messages 1 - 18 of total 18 in this topic
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