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

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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

Wow, Bucky!  Maybe all of those people seeking a living wage aren't as privileged, entitled, or exceptional as you must be.  I'm so humbled to be posting comments to the same webpage as you.  Thank you so much for your insight; we are all truly blessed by your thoughts.


You and I are both on the same page, BrianP, only you said it more politely.  My response to Bucky's last comment was intense enough that Kurt refused to post it on a website potentially accessed by minors.  Wow doesn't even come close to expressing it!  


Lets's say that our local rmalcontent has no future in any Human Relations Dept.


The concept of "a living wage" is totally economically and morally  bankrupt.  

 


Rick, you pay people more than they contribute, there won't be an HR department.  You will be out of business.

 


Humphrey, I think many NPT followers are on the same page when it comes to Bucky...Bucky just doesn't get it...and probably never will.  So he just continues to spew stuff like "The concept of a living wage is totally economically and morally bankrupt."  Say what, Bucky?  Never mind, I don't want to hear your explanation (especially the moral part of it).  And, Rick, we should probably shed a tear for those CEO's that are making 200, 300, 400 times what the medium worker annual pay is.  Since their companies have not gone out of business and they're still the CEO, I'm certain they still have an HR department.  I keep telling you, Bucky: Fox News and Breitbart would be a much better venue for your warped commentary.


Brian === anyone who feels that a "living wage" is a b ad thing should be run out of town on a rail. 


Brian and Rick,  Tell me why someone should be paid more than they contribute?  To force an employer to do that is nothing but theft. Theft isn't moral. 

 


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