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Court fight over Aspen trademark

Posted: 6:18 AM Feb 19, 2013
Reporter: Associated Press

ASPEN, Colo. (AP) -- There is a court fight over trademarking the word "Aspen," but it doesn't involve the city of Aspen.

J.C. Penney Co. Inc. of Plano, Texas, has asked a federal court to rule on whether a style of weather-resistant boots that it recently started selling can continue to be called "Aspen."

A Boynton Beach, Fla., company called Aspen Licensing International Inc. owns a trademark for various commercial uses of the word "aspen." In November, the company sent a cease-and-desist demand to J.C. Penney, alleging that its advertising and sale of cold-weather boots referred to by the style name "Aspen" infringed on that trademark.

According to the Aspen Times, some people believe the word is generic enough to the point where a company cannot own the trademark rights to it.
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