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A debate about who owns the naming rights to iconic places in Yosemite National Park has prompted state lawmakers to take action.
A debate about who owns the naming rights to iconic places in Yosemite National Park has prompted state lawmakers to take action.

California Lawmakers: No More Trademarking on Public Land

As the Yosemite trademark case drags on, California legislators look to take a stand

Published: 
A debate about who owns the naming rights to iconic places in Yosemite National Park has prompted state lawmakers to take action.

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Ken Cooley is from a Yosemite family. The California state assemblyman raised his boys on hikes in the valley; he took a pack mule trip through the park with friends and colleagues this summer; his grandparents even worked together at the Ahwahnee Hotel way back when.

So the news last month that Delaware North, a privately held company that ran concessions inside the park until last year, had trademarked the names聽of the park鈥檚 most iconic places鈥擟urry Village, Badger Pass, the Ahwahnee, and even 鈥淵osemite National Park鈥 itself鈥攍eft Cooley flabbergasted. 鈥淚t is surreal, outrageous,鈥 he says. The National Park Service, as a result of the trademark dispute, will be changing the names of sites as early as March 1.

As an elected state official, Cooley can鈥檛 do anything about the Yosemite name changes. A legal challenge to the trademarks from NPS is currently wending its way through the courts and, besides, NPS is a federal agency. But the assemblyman, a Democrat who represents an area outside Sacramento, took it upon himself to try to prevent something like this from ever happening again in California.

鈥淥ur state parks are not like football or baseball stadiums, trading sponsorship deals to the highest bidder.鈥

Cooley, who is also an attorney, on Thursday聽聽to block any concessionaire from trademarking the name of a California State Park. Doing so 鈥渄erogates the interests of California and the shared history of Californians,鈥 Cooley wrote in the bill. The law would void any contract with a company that trademarks a state park name, and, critically, prevents the government from doing future business with the company.

鈥淥ur state parks are not like football or baseball stadiums, trading sponsorship deals to the highest bidder,鈥 adds co-author Adam Gray, whose district includes Yosemite, in a February 18 statement sent to 国产吃瓜黑料.

If the bill is passed and other states follow California鈥檚 lead, Cooley says, concessionaires would be dissuaded from trademarking what he calls America鈥檚 鈥渃ultural heirlooms.鈥 鈥淵ou鈥檇 realize, as a concessionaire, that if I am out there trying to assert trademarks on treasured cultural names, I鈥檓 jeopardizing my ability to continue in the concessions business,鈥 Cooley says.

鈥淚 am hopeful, ultimately, that an agreement will be reached where the names go back to what they once were, pending litigation鈥攈owever long that takes.”

Kelly McCarthy, a trademark attorney in San Francisco and partner at , says the idea to target concessionaire鈥檚 contracts is the simplest way to prevent the problem from happening again in the future.

鈥淎 lot of this could be solved with people being heads-up about the issue鈥 and paying attention to contracts, McCarthy says. 鈥淭hat obviously did not happen in the Yosemite case.鈥

The debate in Yosemite is dragging on, even as NPS prepares to start swapping out park signs embossed with the trademarked names next week. Delaware North, which owns DNC Parks and Resorts, the subsidiary that ran concessions in the park, says the names it trademarked are worth $51 million. The park service鈥檚 plan to drop all of the park鈥檚 most famous names, McCarthy says, is likely an effort to reduce the value of Delaware North鈥檚 trademarks. Once the Ahwahnee Hotel is renamed the Majestic Yosemite Hotel, NPS鈥檚 reasoning goes, the trademark for 鈥淎hwahnee Hotel鈥 won鈥檛 be worth much. According to NPS, Delaware North鈥檚 trademarks will be worth only $3.5 million after the name changes.

Still, McCarthy, who attends a yearly family reunion in Curry Village鈥攐r Half Dome Village, come March鈥攕ays she鈥檚 optimistic. 鈥淚 am hopeful, ultimately, that an agreement will be reached where the names go back to what they once were, pending litigation鈥攈owever long that takes.鈥澛

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