National Park Service officials have placed a $3.5 million value on the intellectual property rights attached to names of lodges in Yosemite National Park, a fraction of the $51 million valuation claimed by Delaware North Co.
Additionally, in an amendment to the current prospectus for concession operations in Yosemite the Park Service has inserted language that would prevent future concessionaires from claiming trademarks on the names.
Whether Delaware North (DNC) would accept that valuation remained to be seen. Company officials did not immediately respond Friday to a request for comment. Yosemite officials also could not immediately be reached to explain how they reached that dollar figure.
The $3.5 million valuation "for the Existing Concessioner’s intangible property" was listed in an amendment to the concessions prospectus that the Park Service has been circulated for months. Bids are to be submitted by 4 p.m. PST on Jan. 21, 2015, at the agency's Pacific West regional office in San Francisco. In a related exhibit attached to the prosectus, the Park Service made it clear that it would not allow the names to The Ahwahnee Hotel, the Wawona Hotel, Badger Pass and other lodge names to be trademarked by the next concessionaire.
(a) The Director hereby grants to Concessioner and Concessioner accepts a revocable, nonexclusive worldwide, royalty-free license to use the Marks described and depicted in attachments to this Exhibit K during the term of the Contract, for use solely in connection with carrying out the Contract requirements, and only in the form described and depicted in Exhibit K Attachment 1. Fanciful uses or use in combination with other devices (such as a logo) of the Marks listed herein must be reviewed and approved by the Director prior to use. All uses may be reviewed and approved in advance or as otherwise mutually agreed to in cases of administrative burden. This license does not constitute a compensable interest to the Concessioner. This license shall cease upon termination or expiration of the Contract, or as otherwise determined by the Director or by law.
(b) Concessioner hereby grants to NPS and NPS accepts an irrevocable, exclusive, perpetual, transferable world-wide, royalty-free license to use the Marks described and depicted in Exhibit K Attachment 2, for use solely in connection with carrying out the mission of the National Park Service.
(c) The Director and the Concessioner may upon mutual agreement amend this Exhibit K to include additional attachments. The license to use Marks does not include the right to use or to incorporate the Marks in any manner unconnected with the services provided under the Contract, including collateral marketing, outreach or advertising, or as trade names or internet domain names. The Marks may not be combined or altered in any way that may affect the integrity of the Mark.
The issue of trademarking words attached to properties in the National Park System arose last year when the Park Service released the 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.
If Delaware North is unsuccessful in bidding for the new contract, the company said it would seek $51 million to relinquish those marks, and other intellectual property, to the new concessionaire. That led the Park Service to say it would allow a concessionaire other than Delaware North to propose name changes to the facilities, which in some cases have been in operation for more than a century under the same name.
Now the agency seems determined to keep the names by placing a $3.5 million value on them as part of "Other Property" that a new concessionaire other than DNC would have to purchase and by retaining the trademarks itself while providing concessionaires a non-exclusive license for their use.
Still to be seen is whether Xanterra Parks & Resorts can claim trademarks to commercial business names used on the South Rim of Grand Canyon National Park.
The concessionaire applied for the trademarks in October and November, just months before its Grand Canyon contract expired. (Xanterra since has received a temporary one-year contract to continue running the South Rim concessions, including Phantom Ranch, while the Park Service works to award a 15-year contract for the operations.)
Trademarks applied for are to the words "Phantom Ranch," "Bright Angel Lodge," "Kachina Lodge," "Yavapai Lodge," "Maswick Lodge," "Red Horse Cabin," "Arizona Room," "Lookout Studio," "Buckey O'Neill Cabin," "Thunderbird Lodge," "Trailer Village," "Hopi House," "Hermit's Rest," and "Desert View Watchtower."
The Park Service has said it would review those claims once the U.S. Patent and Trademark Office publishes them for public comment.
Comments
Frankly, I wouldn't give DNC even $3.5 million, but yes, I am delighted to see the National Park Service sticking up for what the people own. The NPS had me worried there for a moment. Now, let's see how quickly Xanterra gets the message.
Ah, the power of the press. . . Great job, Kurt! All of the national "dailies" would have missed this without your bird-dogging the parks every day. As much to the point, the issue would have simmered along in the offices of the NPS, in which case who knows what would have happened. Park after park "logged" of its names? Indeed, the spirit of Carsten Lien is smiling, too.
I must agree, still way to much, but thank you Kurt and the Traveler for your efforts here.
And on what do you base that opinion?
Let not forget that the 51M figure includes ALL intangible assets (such as websites, mailing lists, etc...) not just the trademarks, a fact that seems to have been obscured in most discussions.