Tony Oros acknowledges he is only peripherally following the dispute about Park City Mountain Resort owner Vail Resorts’ pursuit of a trademark for the name “Park City,” but he is a co-owner of one of the many area businesses with the words “Park City” in the moniker.
Oros and a business partner own Park City Productions, LLC, a company that books live entertainment. Park City Productions, LLC is among the approximately 100 individuals, businesses or government institutions that filed paperwork with the United States Patent and Trademark Office indicating they are considering whether to formally oppose the Vail Resorts’ trademark application. The application seeks a trademark for the name “Park City” as it applies to a mountain resort.
Vail Resorts and another party, Park City Powdercats & Heli-Ski, recently reached a settlement in a trademark case based on the words “Park City.” The details of the settlement were kept private.
Oros said the settlement involving Park City Powdercats & Heli-Ski and Vail Resorts did not offer him reassurance as Park City Productions, LLC and the others considering a formal opposition weigh their options. He noted the settlement required formal negotiations and involvement by attorneys.
“That frightens me more than it gives me confidence, that Powdercats had to be proactive,” Oros said, adding, “This is a fight that I don’t want to engage in.”
Oros, who is a volunteer mountain host at PCMR, said he hopes Mayor Jack Thomas and the Park City Council reach an accord with Vail Resorts protecting in some fashion the existing businesses that use the name of the city in their moniker. He plans to attend an upcoming City Council meeting when the elected officials are expected to address the trademark issue. City Hall is one of the entities that filed paperwork with the Patent and Trademark Office indicating it is considering a formal opposition.
The settlement between Park City Powdercats & Heli-Ski and Vail Resorts is seen, potentially, as an important step in the broader discussions about the trademark. The company, which offers helicopter ski outings, had filed a formal opposition to the Vail Resorts trademark application, a proceeding that has higher stakes than a filing to potentially oppose the application.
It is not clear, though, whether the settlement can act as a model for the other business interests that use the “Park City” moniker. City Hall is believed to be negotiating an agreement with Vail Resorts that would ensure businesses that use the name of the city would be protected from trademark action by the Colorado firm. Vail Resorts has indicated publicly the trademark application is meant to guard against another mountain resort opening with the words “Park City” in its name and that it does not intend to pursue cases against the existing businesses that use the name of the city.
A Vail Resorts spokesperson has said the firm had engaged approximately eight businesses in conversations about the trademark and the talks were proceeding well. The Park City Powdercats & Heli-Ski settlement is evidence that trademarking the words “Park City” will not impact businesses that use the name of the city, the spokesperson said. Vail Resorts continues to offer written assurances to other businesses regarding the “Park City” trademark, according to Kristin Kenney Williams, the Vail Resorts vice president of mountain community affairs.
Dana Williams, who served three terms as the mayor of Park City ending in early 2014, is another figure who filed paperwork with the Patent and Trademark Office indicating he is considering a formal opposition. Williams has been among the most vocal critics of the trademark application, arguing that the name “Park City” connotes a community rather than a corporate interest like Vail Resorts.
Williams said he is pleased Park City Powdercats & Heli-Ski reached a resolution, but he does not have confidence the agreement could apply to the others. He said Vail Resorts has taken on a role of a “quasi-governmental organization” by negotiating a trademark deal and said the firm is essentially “acting like they have the power over businesses.” Williams said he hopes City Hall files a formal opposition, contending there are numerous businesses Vail Resorts could see as a threat if they carry a “Park City” moniker, including lodging firms, ski-rental shops, ski-instruction outfits, transportation companies, restaurants and shops.
Vail Resorts has “taken the right to negotiate past, present and future business names,” Williams said.