in Vail
Vail Should Give Up the Park City Trademark Fight
It’s pretty simple. Vail needs to give up the Park City trademark fight. It’s not because of the public pressure on Vail, with over 100 businesses contesting its trademark. It’s not the “concern” over a boycott of the Epic Pass by Utah locals. It’s not that former mayor Dana Williams has come out of the woodwork and decided to put his name behind the opposition. It’s no other reason, than it’s the right thing to do.
We at the Park Rag were one of the first people to talk about the Park City Trademark issue this January. We recently updated our website parkcitysucks.com, with our current analysis. The shortened version is… Vail probably has better lawyers, but this fight is in the court of public opinion. Given the arguments Vail has been making, they are going to lose…at least in the court of public opinion. Their argument seems to boil down to something like “we’ll allow any use of the Park City name as long as it isn’t used in conjunction with a ski resort.” The problem is that you can’t ALLOW what isn’t fundamentally yours to dictate. The name Park City is fundamentally all of ours, and not a corporation’s. Vail shouldn’t get to choose.
That said, Vail should not be misconstrued as a bad actor. They purchased the Park City trademark application from POWDR Corp (if you hate Vail for this trademark issue, you should doubly hate POWDR Corp and their owners, the Cumming family, for starting it). Vail bought an asset from POWDR and that asset is worthless unless they defend it. If any of us were in their shoes we may very well make the same decisions they have made.
So, Vail is in a pickle. What do they do?
However, Park City is too. Don’t forget that Vail makes many sizable donations that benefit most of us in Park City.
The fact is that we are all in this together. Vail would have you believe that the world knows PCMR and (The) Canyons as “Park City” and if they ever refer to it as anything other than that and the MTN stock will crash to $99.9 per share. Residents of Park City say, “we’ve always referred to the resort serviced by the town lift as PCMR”… but in reality just a few years back it was commonly called just Park City.
So, it’s a mess. But, what’s the right thing to do? What meets everyone’s needs?
It’s pretty obvious that the term Park City Mountain Resort is the right term for Vail to use.
If you live in Boca Raton, and you hear Park City Mountain Resort, where/what do you think that is? Yep, a ski resort in Park City.
If you live in Park City and hear the term, Park City Mountain Resort, what do you think it is? A ski resort in Park City.
In neither example does anyone mistake the town for the resort.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Park City Mountain Resort is the right term.
Anything more than that, pushed by Vail, will meet opposition. If so, Vail should expect a boycott of their Epic Pass from locals. Park City residents generally have the time, means, and demeanor to protest what they don’t like. It appears that the term “Park City” is one of those things.
So, how can Vail get out of this mess? As we’ve said before, they need to find a way to endow the name Park City to the town while protecting their use of the name Park City in relation to their resort. They need an arrangement that will ensure that everyone can use the name Park City. If a local wants to start a business called Park City cross country skiing, they should be able to do that. If a local wants to open Park City Ski Shop they should be able to.
Perhaps Vail turns the trademark over to Park City and Park City grants a set of rights back to Vail for the use of the term Park City. That would be the right thing to do.
Yet, it becomes even more of a mess when you factor in the officially granted Utah business names using the words Park City in conjunction with winter sports.
- PARK CITY NORDIC BETTIES SKI EDUCATION LLC
- PARK CITY POWDER CATS & HELI-SKI, LLC
- PARK CITY SKI & SUN
- PARK CITY SKI BOOT LLC
- PARK CITY SKI CHALETS LLC
- PARK CITY SKI EDUCATIONAL FOUNDATION
- PARK CITY SKI HOLIDAYS
- PARK CITY SKI PLACES, LLC
- PARK CITY SKI SCHOOL REUNION
And that’s like 10% of the listings. It’s unlikely Vail could continue to enforce this trademark, based on the public backlash of impacting so many companies. Of course most of those names in the list above likely are grandfathered, and can’t be touched by Vail. However, if it’s any indication of the frequency of using the words Park City along with ski, there are many people who want to do that.
Truly Vail is in an uphill battle.
We hope Vail comes to their senses soon and use their +5 magic to get them out. They are smart. We believe they just need to realize that the current path will not work and hope they decide to move in another direction.
Otherwise, it’s about to get really ugly.
Park City Strikes Back
Me thinks this is getting interesting…
Below is the Park City Municipal press release on the Park City trademark case, as it relates to Vail:
PRESS RELEASE
FOR MORE INFORMATION CONTACT:
Matt Dias, Assistant City Manager 435-615-5180 office
PARK CITY DISAPPOINTED IN VAIL TRADEMARK RESPONSE
City Council to file for another 60-day extension to file Opposition with U.S. Patent and Trademark Office; Mayor to ask City Council to suspend Redevelopment/Base Area talks
Park City, Utah – July 5, 2016
Park City’s Mayor Jack Thomas announced his “disappointment” with the letter Park City received from Park City Mountain Resort Chief Operating Officer Bill Rock regarding the ski area’s “unwillingness to honor their public statements by putting real commitments into a real agreement.” Thomas continued, “The City Council directed our attorneys to simply convert what we heard firsthand and publicly from Vail into a binding agreement. No more, no less. And Vail balked, essentially saying just ‘trust us’ and we ‘will consider’ your concerns down the road. Well that just isn’t good enough.” Park City sought to simply memorialize Vail’s commitments to: 1) not oppose existing municipal and local business use of “Park City”; 2) broadly allow third parties in the future to also use “Park City”; and 3) eliminate confusion with existing municipal and local business signage, advertising, and other coexistence uses. In return, Park City would not oppose the trademark application and would affirmatively allow continued national and international use of the new “Park City” brand.
Park City had previously obtained an extension until July 9, 2016 to file an opposition to the trademark application for the word mark “Park City” by VR CPC Holdings, Inc. (“Vail Resorts”). The City intends to file for another 60-day extension this week. Thomas stated, “I hope the additional time allows both sides to continue to work toward a reasonable solution.” However, the City will continue to prepare its formal opposition to the application. Thomas added, “This narrowing of the mark from “Park City Mountain
Resort “to “Park City” is a new brand for a new product, which culminated from combining two previously distinct ski resorts, and everyone knows it.” Furthermore, Thomas indicated that if progress does not continue toward an agreement, that he intends “to ask the City Council at the July 28th City Council meeting whether the City should continue talks regarding potential collaborative projects in the Lower Park Avenue Redevelopment Area and ski resort planning projects, including the Park City Mountain Resort/Vail Master Plan.” Park City previously had entered into a Letter of Intent with the prior owners of the Park City Mountain Resort regarding the possible contribution of RDA funds in potential projects involving parking, transportation, and affordable housing.
The draft agreement proposed by Park City Municipal can be viewed at the city’s website.
The City also announced it has secured outside legal services from Brent Lorimer and David Dellenbach at Workman Nydegger in Salt Lake City.
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in Gorgoza
The fundamental problem with “Woodward Park City” at Gorgoza
You may have heard that POWDR Corp wants to build an indoor recreation facility at Gorgoza Park. It would be called Woodward Park City. The Gorgoza Park area currently includes a sledding hill that lies between Summit Park and Pinebrook. You’ve likely seen it on your right, as you drive down I-80 from Parley’s Summit.
The Park Record has reported that, “According to the application, Woodward Park City would include a nearly 52,000-square-foot indoor action-sports center, equipped with indoor trampolines, ramps, foam pits, pump tracks, concrete skate park and a digital media studio. Other amenities would include a food court, lounge and coffee house, and party room.”
Previously, this development was planned near the parking lot of PCMR, but of course that is now probably not an option. So, it appears they are trying to find another location to host it. POWDR Corp owns the land currently occupied by the Gorgoza sledding hill. POWDR signed a development agreement with Summit County in 1999 that enabled them to build an outdoor recreation facility that includes the sledding hill. Now it appears they are trying to move forward and build a 50,000 square foot recreation facility.
Sweet. Parkites love their recreation.We also love coffee and parties… which both fit with the description of the Woodward facility provided in the Park Record. There’s only one problem. The original development agreement never seems to contemplate an indoor recreation facility. The development agreement talks about an indoor lodge, but that’s it. In the agreement in a section entitled Project Description, it says “Gorgoza park will offer a variety of non-motorized outdoor recreational activities that may include: snow tubing with up to 5 tube tows with up to four lanes per tow; snowplay; snowboarding accessed via a chair lift with a terrain park and two half pipes; snowblades and skiing; ice rink and skating; snowshoe and ski trails; winter alpine slide rides; toboggan and luge/bob rides; all terrain carts and thrill sleds; a climbing wall; a skate park and an all terrain skateboard area; BMX and mountain bike trails; alpine slide rides, and other uses consistent with the mountain outdoor recreation setting.”
It seems POWDR may be relying on that last part of the last sentence to try and push this thru. That last sentence concludes … ” and other uses consistent with the mountain outdoor recreation setting.” So, “other uses” must include building a 50,000 square foot INDOOR facility to do all the things that were supposed to be OUTDOOR per the original development agreement.
In our opinion, it seems that POWDR is trying to take an agreement that allowed it to have OUTDOOR skating, BMX trails, half pipes for skiing/boarding, trails, etc. and move that INSIDE. However, the problem is that INSIDE requires a building. That recreation building doesn’t seem to be included in the original development agreement. If ti’s not in the development agreement, it doesn’t have a right to be built.
I do know some people think this facility would be great for Park City. I can see their argument that it would increase sales taxes and provide our kids with another facility to use. However, if it’s such a good idea, it should go through the development process as a change to the existing development agreement and not as an additional permit. A change to the agreement would likely encourage much more vetting of the idea than a conditional use permit would provide.
I also know that citizens are getting worked up over the proposed building’s height (48 feet). I know others are getting worked up over the traffic impact of the facility. However, I believe those arguments attack the trees but miss the forest.
We as citizens should decide whether the proposed development is inline with the original agreement. If not, then we should ask that the Snyderville Planning Commission and Summit County treat this as a change to the agreement. Then we can debate whether the new development makes sense in it entirety, given what we know now. Otherwise we are debating the nuances while missing the broader picture.
Personally, I’d love to have outdoor additions to the property, which the agreement allows. I would use an outdoor ice skating rink. I have neighbors who would use the outdoor BMX track. I’m sure there are other outdoor uses which would fit the space and agreement.
But a Gigantor Black Diamond Gym doesn’t seem like it fits the description.
Here is the original development agreement. I’d love to hear if readers think I’ve missed the boat and somehow this agreement allows a 48 foot tall building spanning 52,000 square feet.
I don’t think so… and I’m hopeful our county officials will look at the original intent of the agreement in allowing any future development.
in Media
Religion’s Revenge on Park City
You probably know that KPCW, Park City’s local radio station, recently changed frequencies from 91.9 to 91.7.
What you may not know is what happens when you leave “heathen” Park City with your station set at 91.7. If you head to SLC with your dial set at 91.7, once you near the bottom of the canyon, you just may hear:
“So repeat after me: If I withhold the truth, may I go straight to hell where I will eat naught but burning-hot coals and drink naught but burning-hot cola. Where fiery demons will punch me in the back where my soul will be chopped into confetti and strewn upon a parade of murderers and single mothers where my tongue will be torn out by ravenous birds.”
Yep, Christian radio.
91.7 KUFR… the home of “Family” radio.
I can only explain the chance occurrence as God’s revenge on Park City. I can hear him saying, “You Parkites think you are “holier” than thou! Well, come to Salt Lake to shop at Costco and I’ll show you my power.
Of course, the even funnier (yes I know that’s not a word) thing is that according to wikipedia…. “KUFR, The pejorative term alludes to a person who rejects or disbelieves in God, as defined by Muslims; denies, refuses to accept the dominion and authority of God; or otherwise does not heed the beliefs and prescriptions held by the religion of Islam. Unbelief is called kufr.”
So perhaps Park City is on the side of religion against KUFR, after all. I don’t know. Religion is so confusing.
May I suggest just tuning into KPCW via the Internet and not having to worry about it.
Transit Center or Transient Center
If you frequent Kimball Junction, you may have noticed an increase in the number of panhandlers. Particularly interesting is the mom that sits on the way out of Smith’s parking lot with her three kids. Perhaps it’s just the summer, but it also seems the number of hitchhikers is up too.
There’s a different feel to what’s going on in KJ, this year.
I may be callous, but ever since I witnessed how the business of begging is done in Salt Lake, I don’t have as much compassion as perhaps I should. You can make a fine living by panhandling. I just don’t choose to participate in funding those “entrepreneurs” … but many do.
Yet, when you go by Pioneer Park in SLC, it is different. It’s not a job, it’s an unfortunate way of life. Pioneer Park is a hub of the downtrodden. It’s a little scary and sad. When I drive by I am reminded of how lucky I am. Many of the folks hanging out have no other place to go, are drug abusers, are homeless, and have a myriad of problems. It’s not a great place.
Ever since construction began on the Transit Center in Kimball Junction, I can’t help wonder if it may be our version of Pioneer Park. It will offer a “great” location, one that is close to I-80, nice covered benches, and an indoor facility that will be nice during those cold weather months.
This facility is the first of its kind in KJ. As a car driver and E-Bike enthusiast, I hope it encourages thousands of people to ride buses, so the roads are wide-open for me. However, what I really wonder is whether it will encourage an entire different type of people that weren’t contemplated when the transit center was planned.
in Economy
What Will Skullcandy Sale Mean for Park City and the Boyer Tech Park?
During the past few weeks, ground broke for the first building built specifically for a tech company in the Boyer Tech Park . Wouldn’t you know, yesterday that tech company was sold.
The Verge is reporting that Skullcandy, a Park City based technology company, was purchased by Incipio for $177 million. Incipio is best known as a maker of iPhone cases. The good news for Skullcandy fans is that “a representative for Incipio tells The Verge that the Skullcandy brand will remain intact, so if you’re a fan of the company’s affordable, stylized headphones, they won’t be going anywhere any time soon.”
However, what that means for Skullcandy in Park City is yet to be seen. In a status quo-based world, Skullcandy will operate completely independently, with all employees remaining with the company, and the business being managed from Park City.
In a best case world, perhaps Incipio decides to move additional employees here. Skullcandy appears to be one of their more technically advanced companies, so perhaps Incipio moves their other speaker company, Braven, to Park City (from Provo).
In a worst case world, what Incipio said could remain true — they will be keeping the skullcandy BRAND intact. However that doesn’t mean that they have to keep Skullcandy in Park City. They could decide to move it to Southern California (where the corporate headquarters is) or they could decide to move it to Provo where Braven (who they acquired in 2013) has many of their employees. Provo is likely cheaper to operate, there are more tech personnel there, and Provo has done a good job of marketing itself as “Silicon Slopes.”
So, what will happen? Likely no ones knows for sure yet, although it’s likely Incipio has some ideas. However, for outsiders it’s all speculation. I would hope Skullcandy continues to be part of Park City’s future; however, what I find a hard time believing is that Incipio would operate two speaker companies (Braven and Skullcandy) separately when they are only about 40 miles away from each other. Odds are in two years, there are some executives in Park City and much of the operations are either in Provo or Irvine, CA (Incipio HQ).
I hope Summit County Economic Director, Jeff Jones, has already reached out to Skullcandy and Incipio to let them know why they should stay in Park City. It would be a big loss to lose Skullcandy and more importantly their people.
It also makes one wonder what contingencies are in place with the new Skullcandy building being built in the Boyer Tech Park. If Skullcandy (Incipio) decides it no longer needs to occupy the building, and it’s not complete, what does that mean? Do we have a half completed building for years (or a hole in the ground)? Must Boyer complete the building? If Skullcandy does not occupy the building and it is completed, who will occupy it? To be honest there don’t seem to be many tech businesses knocking on the doors to get into the Boyer Tech Park? Will Boyer try to rent it to just anyone? Will Summit County cave on the requirement for only technology companies residing in the Tech Park?
There are lot’s of questions
This has the makings of the beginning of something interesting. It should be fun to watch.
Update: Looks like there is another bidder.
in Dogs
Is this stuff for real?
So, in Jeremy Ranch, we are experiencing more coyotes than I can remember. By experiencing I mean, seeing them around the open space, hearing them at night, reading about attacks, etc. My neighbor even saw one hanging out on my lawn one evening.
That said, this is their land, and they are doing their own thing. I hate to hear about pets being attacked (and hope mine never becomes a victim), and I do what I can to help make sure that doesn’t happen, but many of us do live near wilderness and accept the risks.
Yet, it appears some people are willing to go a step farther and increase their pets’ chances. I saw this on a Park City social media site. May I introduce you to the Coyote Vest and the Spike Bite:
Yes, if your pit bull, who looks like he could knock out Mike Tyson, needs a secret weapon…. You may want to consider the Spike Bite. According to the seller, “The Pet Protector uses specialized pads, that have a metal base for maximum protection, and embedded spikes for extra defense. The vest is made of tactical fabric, it’s very light weight but heavy duty. ” Tactical fabric. Check. Armor plated. Check. Hidden spikes. Check. Your dog is ready for the next battle on Game of Thrones.
This DEFINITELY seems like something that would be bought in Park City.
To be honest, I don’t begrudge anyone for buying something like this for their pet. Of course, I have to make fun of it, but I understand why someone would buy almost anything to help their dog. I’m just not sure whether either of these would actually work… but when has that ever stopped someone in Park City from trying?
Perhaps they even make a version for those humans who seem to have run-ins with dogs around here. Oh wait, it looks like they do:
in Vail
The Anti-Vail Park City Petition URL
We received an email saying:
“Jesus Fucking Christmas, will someone please post the anti-Vail petition URL?”
Sure.
Here it is. Click on any of the below links:
All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy. All Work and No Play Makes Robert Katz a Dull Boy.
Again, our feeling is that Vail should call its resort in Park City, Park City Mountain Resort (and protect that). Call it Park City Mountain Resort in all local ads and national marketing. No confusion. No citizens with pitchforks at the Colony.
It’s simple.
But until that time, again, here is the petition:
What BREXIT Can Teach us About Clichés in Park City
If you haven’t heard (or paid attention to) the fact that Britain is leaving the EU, I would suggest you check out your Schwab Retirement Account.
So, the citizens of Great Britain have decided to leave the European Union after 40 years. That’s their own personal decision, and I don’t have a lot to say on that, since it’s their business. However, it appears many American commentators are opining on the subject. Via those commentators, we keep hearing that those who voted to keep England in the EU were the educated and understood what the vote meant. We keep hearing that those who voted against it were the uneducated and those people who didn’t understand the facts.
This is eerily similar to the reported outcome from the Park City School District Bond. The district hired a consulting company to analyze the results and conduct a focus group to understand why people voted against the bond, etc. What they “found” were that people voting against the bond “just didn’t understand the facts.”
Now, it may be true that both the voters in England and the voters in Park City didn’t understand the facts. However, I’ve spoken with hundreds of people who voted against the school bond. They understood the “facts.” They just didn’t understand them in the same way the pro bond people did.
The truth is that we all need to retire the argument that people voting with a different opinion “just don’t get it.” In some cases, it may be true… but it has become a cliche argument. If people on the opposing side of the argument don’t agree with you, there is something more there. It may be buried deep, but it doesn’t necessarily mean they are uneducated or wrong. We owe it to our community to work to uncover the real reason of opposition. Only then do we devise solutions that will work for most.
The standard clichés of dumb, uneducated, non-understanding, and NIMBY don’t do anyone good.
We would better serve Park City and our community by having a civil discussion based in rational arguments.
in Election
We are now the “Sign Nazis”
Last night we talked about political signs and the need to have them taken down (when they are in violation of the law). Today we filed our first formal complaint against political signs. It’s actually quite easy thanks to Summit County’s great reporting tool. So, yes, you too can join us in our witch hunt against illegal election signs.
Frankly, it’s something we really wish we didn’t have to do… but to be fair… it is a law and one political candidate was forced to bring down signs… so how can we let others do it? We also understand that there aren’t many code enforcement officers in Summit County. Would we rather them focus on saving us from buildings collapsing on people? Of course. That said, sign restrictions are part of the Snyderville Basin Development code. So, if it is a law,it should be enforced (cough…cough… idling ordinances).
So, here we are. The only question is whether to wage a war on all the illegal signs (not just political ones) in the Basin. Ok, probably not… that would be a full time job, and life is too short.
Parkrag
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