You are here

UPDATED: Aramark Declines Delaware North Offer To Assume Trademarks Of Yosemite Properties

Share

The name of The Ahwahnee Hotel in Yosemite will change Tuesday unless an agreement over trademarks to that and other place names in the park can be reached/Kurt Repanshek

Editor's note: This updates with Aramark officials saying they will not take Delaware North Co.'s offer to assume trademarks for Yosemite properties pending determination of fair value of those marks.

Delaware North Co.'s offer to assign trademarks to iconic properties in Yosemite National Park to Aramark Corp. pending determination of the "fair value" of those marks was rejected Sunday, with Aramark officials saying the trademarks "belong to the American people."

"These names that rightfully belong to the American people could be preserved immediately if DNC chose to do the right thing and drop its lawsuit against NPS," Aramark spokesman David Freireich told the Traveler in an email. 

Delaware North has been publicly pilloried for demanding to be paid for trademarks it holds to the names of iconic lodges and properties in Yosemite. On Friday it wrote Aramark with an offer to assign those trademarks to the company's Yosemite subsidiary, Yosemite Hospitality, LLC, until a court could determine the fair value Delaware North should be paid for those trademarks.

Without the transfer, names to The Ahwahnee Hotel, Yosemite Lodge, Wawona will be changed on Tuesday when Yosemite Hospitality takes over the concessions operations.

In the letter sent Friday to Aramark officials, DNC Parks & Resorts at Yosemite, a Delaware North subsidiary, offered to assign "all right, title and interest in and to certain trade names, trademarks, and service marks" in Yosemite, including the trademarks to "The Ahwahnee," "Yosemite Lodge," "Curry Village," "Wawona," "Badger Pass," and "Yosemite National Park."  DNC claims that it was contractually required by the National Park Service to obtain and hold those trademarks when it took over concessions at Yosemite in 1993.

"Aramark’s acceptance of the trademarks via the assignment would ensure that the National Park Service has no reason whatsoever to change the beloved and historic names in Yosemite National Park such as The Ahwahnee or Curry Village," Glenn White, Delaware North's corporate communications manager, said Sunday in an email to the Traveler. "This further demonstrates that DNCY has had no interest in owning these names after its contract expires on March 1 and is simply seeking fair value for its assets as its contract requires."

But later Sunday officials at Aramark said they rejected the offer.

"The sole reason for the National Park Service changing beloved names at Yosemite National Park is the lawsuit brought by the Delaware North Companies claiming ownership rights to those names and demanding to be paid a wildly inflated price (27 times higher than NPS's fair market value assessment)," Mr. Freireich wrote in his email. "Since DNC has insisted on pursuing its lawsuit against NPS, the Park Service determined the best course is to rename the properties now to ensure a smooth transition for Yosemite visitors. That is the path we will follow together with NPS when we start operations on March 1. We are focused exclusively on the transition and delivering Park guests the great experiences and memories they expect and deserve."

The Aramark spokesman said the company plans to introduce "newly branded items over the next few weeks, beginning with our first day of operation on March 1."

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 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 after landing the Yosemite contract.

DNC Parks & Resorts offered in early January to license the trademarks, free of any charge, to the Park Service pending resolution of what payment it should receive to avoid any name changes or impact on the park visitor experience."

In mid-January, Yosemite officials, looking to avoid a costly trademark fight with DNC Parks & Resorts at Yosemite, announced  that they would change the names of iconic lodges in the park. The Ahwahnee Hotel, for instance, would be known going forward as the Majestic Yosemite Hotel, Yosemite Lodge at the Falls would become Yosemite Valley Lodge, Curry Village would become Half Dome Village, Wawona Hotel would become Big Trees Lodge, and Badger Pass Ski Area would become: Yosemite Ski & Snowboard Area.

DNC Parks & Resorts officials quickly fired back, charging the Park Service with "using the beloved names of places in Yosemite National Park as a bargaining chip in a legal dispute between DNCY and the NPS involving basic contract rights."

Yosemite officials said they had no option but to change the names with the transition in concessionaires coming Tuesday.

Mr. White said Aramark had until noon Eastern Monday to accept the assignment.

DNC Parks & Resorts attorneys maintain that they were obligated by the company's contract with the National Park Service to sell and transfer to Aramark the trademarks and other intellectual property used in connection with concessions in Yosemite and to be paid "fair value" for that property. That fair value, the assignment letter stated, would be determined either as part of the final judgment handed down in the matter of DNC Parks & Resorts at Yosemite, Inc. v. United States, or through a negotiated settlement between the parties.

The court battle, before the U.S. Court of Federal Claims in Washington, D.C., hinges on DNC Parks & Resorts' claim for more than $10 million for not being compensated for trademarks and other intellectual property it holds in Yosemite.

More background on this dispute can be found in these stories:

What Value Is "The Ahwahnee Hotel," "Curry Village," Wawona Hotel," And Other Place names In Yosemite National Park?

National Park Service Places $3.5 Million Value On Intellectual Property At Yosemite National Park

U.S. Code Might Allow National Park Service To Ignore Trademarks Of Lodge Names

Delaware North Companies Sues United States Over Loss Of Yosemite National Park Contract

New Yosemite Concessionaire Signs Contract, Trademarks Up In The Air

Government Calls Delaware North's Property Claims At Yosemite National Park "Wildly Inflated"

DNC Says National Park Service "Flip-Flops" On Trademark Issues

Yosemite National Park To Change Historic Lodge Names To Avoid Trademark Fight

Petition Drive To Keep Historic Names In Yosemite National Park Gaining Momentum

As The Trademark Turns: Delaware North Amends Yosemite Lawsuit

Comments

Almost every member of Congress is a lawyer.  Every Department in the US Government has an office filled with attorneys.  And yet they allowed a company to trademark the names of our National Parks and properties inside them??  


Yeah, I'm with Mark on this one.  What a colossal screwup.


Dittos Megaera. 


So DNC was required to pay SONY-Universal for their trademarks and now they'd like to be paid in turn?

Sounds reasonable. 


If they can copyright 'Yosemite National Park, is 'United States of America' still available, or did they get that too?  


Problem is that DNC trademarked other names without the knowledge of the NPS years AFTER they bought the few trademarked names from the previous concessionaire.  Also, The Ahwahnee, Curry Village, Badger Pass and the Wawona are on the National Historic Register and by law, those names can not be trademarked so the USPTO must have had some moron working when they either renewed the old trademarks or added new trademarks for names that DNC now claims they own.  Also, DNC trademarked Yosemite National Park AFTER they lost the bid.   The NPS is not refusing to pay DNC but feels that the amount they want is highly inflated and would have paid them a lower price.  Aramark has to do what the NPS wants them to do so they are not offering to pay for the trademarks until the NPS and DNC work it out.  Yes, DNC has offered Aramark and the NPS use of the trademarks but only on the grounds that they can still sue the government over this mess.  If they truely love Yosemite and wish that no visitors would be affected by this dispute as they keep saying the do, they they would just donate the trademarks to the NPS.  They blame the NPS for the negative media that they have been getting but they have to realized that they put themselve in this light because of their actions.


And now they are buying up all the companies around Yellowstone and firing guides seeking a living wage.  It's dispicable!  There is no America, just Companies A-Z inc. who own everything.


I'd fire anyone seeking a "living wage" as well.  I would hire anyone that can generate more value than I have to pay them.  That is America. 

 


Add comment

CAPTCHA

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Image CAPTCHA
Enter the characters shown in the image.

The Essential RVing Guide

The Essential RVing Guide to the National Parks

The National Parks RVing Guide, aka the Essential RVing Guide To The National Parks, is the definitive guide for RVers seeking information on campgrounds in the National Park System where they can park their rigs. It's available for free for both iPhones and Android models.

This app is packed with RVing specific details on more than 250 campgrounds in more than 70 parks.

You'll also find stories about RVing in the parks, some tips if you've just recently turned into an RVer, and some planning suggestions. A bonus that wasn't in the previous eBook or PDF versions of this guide are feeds of Traveler content: you'll find our latest stories as well as our most recent podcasts just a click away.

So whether you have an iPhone or an Android, download this app and start exploring the campgrounds in the National Park System where you can park your rig.