A nonprofit organization has filed a trademark infringement suit against outdoor clothing manufacturer Eddie Bauer.
First Descents, which was set up in 2001 to introduce young cancer patients to kayaking, has taken exception to Bauer’s new brand names First Ascent and First Descent.
The charity believes the two names are too similar to its own brand and is seeking to defend its intellectual property in the courts.
First Descents obtained common law trademark rights in 2001 and filed for a trademark in clothing in September 2008, reports ESPN. However, this application was suspended by the U.S. Patent and Trademark Office, as Eddie Bauer had filed an application for First Ascent and First Descent several months earlier.
The charity stated: “When Eddie Bauer launched its First Ascent and First Descent product lines, and began marketing efforts at the same events where we had an established presence, our ability to distinguish our organization was lost.”
Brad Ludden, founder of First Descents, commented that litigation was not his preferred path, but it is “imperative” that the experience provided by the organization is not confused with Eddie Bauer’s sponsored teams and retail clothing lines.