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

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Published Date

January 19, 2016

A petition drive is underway to block DNC Parks & Resorts at Yosemite's trademark claims at Yosemite. Rather than pay for those rights, the National Park Service has opted to rename historic lodges, such as the Wawona Hotel, which would be known as the Big Trees Lodge/David and Kay Scott

Editor's note: This updates with the National Park Service and Department of Justice declining to comment on the trademark matter.

A petition drive launched soon after Yosemite National Park officials said they would change the names of historic lodges rather than entertain DNC Parks & Resorts at Yosemite Inc.'s request for $51 million in exchange for the trademarks and other intellectual property is gaining momentum.

As of Monday the petition, started by Columbia College (California) Art Professor Laurie Sylwester, was nearing its goal of 4,000 signatures. Once that number is met, the petition is to be delivered to Congress with a request that that body make DNC Parks & Resorts release the trademarks.

These historical names include three indigenous American names, people with ancestors dating back 12,000 years in the region, long before Delaware North was a corporation. Our tax dollars support Yosemite National Park and no corporation may own that great heritage.

However,the petition cites no legal mechanism for Congress to use to achieve that goal. Congress did in December 2014 amend the U.S. Code with language under Section 302106 that specifically gives the National Park Service the right to "retain the name historically associated with the building or structure" regardless of any trademark. However, that provision was not mentioned by the Department of Justice earlier this month when it asked a federal claims court to dismiss Delaware North's claim for more than $10 million in damages.

National Park Service officials on Tuesday referred questions about that provision to the Department of Justice, where spokeswoman Nicole A. Navas declined to comment as the matter was in litigation.

The issue of trademarking words attached to properties in the National Park System arose in 2014 year when the Park Service released a 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.

DNC did indeed lose the contract. 

Last Thursday ay park officials, possibly looking to avoid a costly trademark fight with DNC Parks & Resorts, 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. Other changes included:

● Yosemite Lodge at the Falls to become: Yosemite Valley Lodge

● The Ahwahnee to become: The Majestic Yosemite Hotel

● Curry Village to become: Half Dome Village

● Wawona Hotel to become: Big Trees Lodge

● Badger Pass Ski Area to become: Yosemite Ski & Snowboard Area

Additional background on the trademark dispute in Yosemite and elsewhere in the National Park System can be found in these Traveler stories:

http://www.nationalparkstraveler.com/2014/12/what-value-ahwahnee-hotel-c...

http://www.nationalparkstraveler.com/2014/12/historian-says-delaware-nor...

http://www.nationalparkstraveler.com/2015/01/yosemite-trademark-discussi...

http://www.nationalparkstraveler.com/2015/01/us-code-might-allow-nationa...

http://www.nationalparkstraveler.com/2015/01/xanterra-parks-resorts-make...

http://www.nationalparkstraveler.com/2015/01/national-park-service-will-...

http://www.nationalparkstraveler.com/2015/02/new-prospectus-grand-canyon...

http://www.nationalparkstraveler.com/2015/03/xanterra-parks-resorts-aban...

http://www.nationalparkstraveler.com/2015/09/delaware-north-companies-su...

http://www.nationalparkstraveler.com/2015/10/new-yosemite-concessionaire...

http://www.nationalparkstraveler.com/2016/01/government-calls-delaware-n...

http://www.nationalparkstraveler.com/2016/01/dnc-says-national-park-serv...

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Comments

 just a few large corporations that have completely abandoned even a pretense of exercising ethical conduct or using honesty as their standard.

Lee could you explain exactly what is either unethical or dishonest about what DNC has done?  They believe they purchased/created value and want to be compensated.   That's unethical?  That's dishonest? No your baseless claim is absurd.  If you hate these corporations so much and think they are all dishonest and unethical, don't deal with them. 


Unfortunately Lee,I think it is more than a few. There was a time in this country when corporate entities where tightly regulated. Across most states ,they were prohibited  from, among other things, making political contributions. That changed after the Civil War with the growth of railroad monopolies., industrialization, etc. and the wealth and power they obtained.  It got to the point that the Republican party under Presidents T. Roosevelt and H. Taft, began strenuous efforts to haul in the abuses of mega monopolies. Much was done and continued under President Wilson. All this changed again after WWI and 12 years of big business republicans leading to the crash of 1929. Upon the election of President F. Roosevelt, much of the work of the progressive republican party during the early 1900s was revived and expanded upon. The list of reforms are well know to all who read have any of the history of these periods. 

Beginning in 1980 with the election of President Reagan, who's chief financial advisor was Milton Friedman (a student of Hayek's), many of our political leaders bought into the "Neo-Liberal"economic theories pontificated by Frederick Hayek, others, who believed that any  regulation of the market place was a bad idea. The best way to ensure an economic utopia was to give the private sector free rein, a free market would control corruption, price fixing, monopolies, and the list goes. The neo-liberals also wanted our governmental services basically privatized or contacted out, public land sold off to the highest bidder, etc. There was a time when the corporate entities  agreed to the charters issued by the states, they were obligated  to consider the public interest, not any more, as EC has stated, its all about the quarterly profit margin. Please excuse my own pontification, and I am certainly not an expert on any of this, but these neo-liberal economic policies have done just what they did in the 1920's, led to the greatest concentration of wealth in the fewest hands in our nations history and of course corrupted the political system to the same levels that existed during the gilded age.  

 

Thank you Dr. Runte for your stand up  defense against this robbery of the historical place names in Yosemite. 


Changing the names was a smart move.  It prevents DNC from making an argument in court that the parks and new concessionaire are illegally using the names startinbg 3/1.  It also reduces the value of the names as a barganing chip for DNC.  I don't think the name change will be in place forever and expect the NPS to evenually get the names back in a court settlement.


rmackie,

"Was" a time when they were heavily regulated?  Corporations are more heavily regulated today than they ever have been before.  


Oh, please, EC. "Corporations are more heavily regulated today than they have ever been before." That's their spin, but it's not good history. Look at all of the crap the airlines have been pulling since the elimination of the Civil Aeronautics Board. Same with the railroads and the elimination of the Interstate Commerce Commission. True, airline safety is better, but that is because lobbyists and politicians fly. Railroad safety is way down, as is service to the general public. The big corporations got what they wanted, and now all of us are reaping the benefits of no one at the helm of the ship. Sure, we get our junk from China faster than ever. But many can no longer afford the junk.

Can anyone say stock market today? Just a correction? Perhaps. But the big correction can only come when 30,000 registered lobbyists in Washington, DC, find a slow bus home.


If the trade mark names are proven to belong to DNC it still is only worth what the market will bear. rmackie brings up a possibility that this was not transfered could be proven in court. All interesting. But you cannot just petition away someones ownership of a trademark. I will say again...get better lawyers for transfer of concessions going forward to alleviate this from happening in the future.


Good point David Crowl, I know it is a complex issue. One interesting comment by ypc pointed out, that upon the change from MCA to a new concessionaire,there was much that happened. The Secretary of the Interior at that time, Manual Lujan, negated the takeover of the contract by a Japanese Company leading to a buyout by a third party, NPCA, (and eventually the award of a new contract to DNC under then Secreatary of DOI, Bruce Babbitt) of all the private structures  built and transfered through the years to MCA. We the citizens then owned the structures. These facilities, the Ahwahnee, Wawona Hotels, etc are owned by the NPS. The contract with DNC may have recognized trademarks established by MCA, or carried on from previous concessionaires, such as company logos etc. but it is question that the names of the structures owned by we the citizens could be trademarked. That will be a point of contention legally along with other Executive and Congressional Acts like the National Historic Preservation Act. It will interesting to see how it all turns out, and I am certainly not an expert on the issue. I do however agree with Dr. Runte, it is a shameful money grab by DNC. 


 That's their spin, but it's not good history.

Sure there are some regulations that have gone away but they have been supplanted by far more. 

"The 1936 Federal Register was 2,620 pages long. It has grown steadily since then, with the 2012 edition weighing in at 78,961 pages (it has topped 60,000 pages every year for the last 20 years)."

Read more: http://dailycaller.com/2013/05/21/the-towering-federal-register/#ixzz3xo...


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