Modesto-area lawmakers expand park trademark fight

The fuss over trademarks in Yosemite National Park has prompted Modesto-area lawmakers to try to prevent the same thing in state parks.

Assembly Bill 2249, introduced last week, would bar concession holders from claiming trademarks for names tied to state parks. They range from world-renowned, such as Hearst Castle on the Central Coast, to places such as Turlock Lake, with more local appeal.

“These are public resources, including the names,” Assemblyman Adam Gray, D-Merced, said Monday. “We shouldn’t run into a situation like what happened in Yosemite.”

The National Park Service is in a dispute with DNC Parks & Resorts at Yosemite, the park’s outgoing concession holder, which claims it is owed $51 million for trademarks and other intangible property. The company obtained trademarks for such famous names as Ahwahnee, Curry and Wawona during its 23 years as a provider of park services.

The federal government counters that the value is only $3.5 million but decided to change the names for now to avoid trademark infringement. As of next Tuesday, The Ahwahnee will be The Majestic Yosemite Hotel, Curry Village will be Half Dome Village, and the Wawona Hotel will be Big Trees Lodge.

Gray introduced the bill along with Assemblymen Kenneth Cooley, D-Rancho Cordova, and Frank Bigelow, a Republican whose district stretches from Madera County to Lake Tahoe. Assemblywoman Kristin Olsen, R-Riverbank, is one of 13 co-authors.

“I have the privilege of representing Yosemite National Park and know first-hand how treasured these landmarks are by the people of our state,” Bigelow said in an emailed statement.

California has 280 state parks, including forested areas, beaches, historic towns and other attractions. Most do not have concessions contracts with private companies, according to the system’s most recent annual report. Those that are in place cover services such as food, lodging, boating, camping, horseback riding and gift shops.

These are public resources, including the names. We shouldn’t run into a situation like what happened in Yosemite.

Adam Gray, state assemblyman

Columbia State Historic Park has several concessions that help preserve its Gold Rush feel. Among them is the City Hotel restaurant, located in an 1856 building and long known for fine cuisine.

George Segarini, who obtained that concession last year with his chef son, Christopher, said he was not aware of the state bill but had no plans to seek a trademark anyway.

“It’s not my building,” he said. “I’m just renting it for the time being.”

Turlock Lake State Recreation Area offers camping, picnics, boating and other activities under the management of American Land & Leisure of Pleasant Grove, Utah. The report lists one concession holder at San Luis Reservoir State Recreation Area – for ice cream carts.

Gray said he was not aware of any trademark claims by state park concession holders, but he does not want to see these places “monetized” like Yosemite.

The bill states that a concession contract shall not provide any basis for a trademark claim and that any bidder who tries it anyway shall be barred from other contracts.

Such an attempt, the bill reads, “is indicative of a lack of the individual’s fitness to serve as a steward of the state’s cherished cultural heritage and places.”

Source: modbee.com