Park City Powdercats & Heli Ski and Vail Resorts have reached a settlement in a closely watched trademark dispute involving the words “Park City,” an agreement negotiated as the Colorado owner of Park City Mountain Resort attempts to assuage broader concerns about its bid to trademark the words “Park City” as they apply to a mountain resort.
The settlement was acknowledged in a filing with the United States Patent and Trademark Office. The filing is dated on Wednesday, but the settlement was reached earlier in the month. The terms of the settlement are confidential. The Park City Powdercats & Heli Ski filing with the Patent and Trademark Office was the formal withdrawing of its opposition to the trademark application.
“Both sides’ concerns about the other were resolved,” said Matthew Shier, a co-owner of Park City Powdercats & Heli Ski.
Park City Powdercats & Heli Ski, which operates ski outings on privately held land east of Oakley, had filed a formal opposition to the trademark application and had outlined a schedule for the case that ran through August of 2017 prior to the settlement.
The company was worried that Vail Resorts could have taken legal action against Park City Powdercats & Heli Ski if it is granted a trademark for the words “Park City.” It has used the name since 1993 and claimed in its opposition filing it could lose years of name recognition.
The settlement between Park City Powdercats & Heli Ski and Vail Resorts was reached in the weeks before dozens of others individuals, government entities and businesses must decide whether to pursue a formal opposition to the trademark application. They were given more time to consider an opposition, but deadlines are looming. City Hall has until July 9 to submit a formal opposition.
Vail Resorts has consistently said the application is narrowly worded and the trademark would be meant to guard against another mountain resort using the words “Park City.” It has also pledged it would not pursue trademark cases against the many businesses that use the words “Park City” in their moniker, some of them for decades. City Hall and Vail Resorts are believed to be privately negotiating an agreement that is expected to address the concerns. It seems likely Mayor Jack Thomas and the Park City Council will return to their discussions about the trademark in a public session shortly.
Kristin Kenney Williams, the vice president of mountain community affairs for Vail Resorts, said in an interview the negotiations with Park City Powdercats & Heli Ski were “very friendly.”
“In essence, we’re saying we have no issue with their use of their name,” Williams said.
She said Vail Resorts has started discussions with approximately eight businesses regarding the words “Park City.” The talks are progressing, she said.