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Delaware North trademarks - "cancelation pending"?

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avatar Delaware North trademarks - "cancelation pending"?
September 04, 2018 06:42PM
I was just looking up something for a response to a random post about the Yosemite trademark fight when I came across this:


It claims that the Curry Village trademark has a cancellation pending status, although I can't find anything of the sort of the USPTO database. It also says the last status date was March 2016, so I'm not sure what the deal is here. I haven't really heard anything lately about the trademark situation.
Re: Delaware North trademarks - "cancelation pending"?
September 05, 2018 03:13AM
I haven't checked on this in a while either - last time was a few months ago when I looked in PACER to see where the litigation stands, and they were still horsing around with pre-trial stuff. And I haven't looked at the USPTO database in a while, but the last time I checked the USPTO had dismissed the cancellation actions, saying that since there were already court proceedings involving the same questions, it would wait to see what the court had to say.

Won't have time to any digging into this in the next week but if I learn anything new when I eventually dig some more, I'll post about it.
avatar Re: Delaware North trademarks - "cancelation pending"?
September 05, 2018 09:24AM
OK. I do remember that a lot of the actions were put on hold, but I don't remember all the details.

The case I'm thinking of that might provide precedent is of a business in Napa, where an operator was brought in for an historic business. The operator tried to trademark the name, and the owner (and landlord) objected to the point where they were granted the trademark rights. So the operator changed the name of the business, including locations they opened besides the one leased from this family.

Re: Delaware North trademarks - "cancelation pending"?
September 27, 2018 02:36AM
OK, I finally had a chance to look in PACER. In June the parties jointly requested ("motioned for", in lawyerspeak) an additional 45 days of discovery, which the court granted, and on August 30 they requested 148 days more, which was granted, so the close of discovery is now set for June 2019. I'll be surprised if they keep to that date.

The August 30 request mentioned that the parties had "recently engaged in settlement discussions", and that a settlement meeting was scheduled for September 5. As we haven't seen an announcement of settlement, I assume the talks are still ongoing.

Seems to me that the longer this process takes, the weaker DNC's case becomes, as what is clear to anyone with gray matter between his ears becomes demonstrable with numbers: Aramark's numbers for "Big Trees", "The Majestic Yosemite Hotel", "Half Dome Village" and the "Yosemite Falls Lodge" are going to be just as high as DNC's were under the names Wawona, Ahwahnee, Curry and Yosemite Lodge, proving that the names themselves aren't worth anything close to what DNC says they're worth. And that's without getting into the fact that the names weren't DNC's to register in the first place.
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