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First Descents files trademark lawsuit against Eddie Bauer
Aug '11
First Descents Inc, a Colorado-based young adult cancer nonprofit, commenced trademark infringement litigation in the US District Court, District of Colorado against Eddie Bauer Licensing Services LLC and Eddie Bauer LLC.

First Descents was founded in 2001 as an adventure therapy whitewater kayaking camp for young adults fighting and surviving cancer. Since that time, FIRST DESCENTS camps have grown to include rock climbing, mountaineering and surfing. First Descents has become aware of significant consumer confusion in the outdoor community resulting from Eddie Bauer's introduction of its First Ascent and First Descent retail outdoor clothing lines and its sponsored First Ascent outdoor teams that compete at the same outdoor events as First Descents' fundraising teams. When efforts to eliminate confusion about a perceived affiliation between Eddie Bauer and First Descents failed, First Descents brought its lawsuit to protect its FIRST DESCENTS trademark rights, the programs that it offers under the FIRST DESCENTS mark and its associated branded camp and team apparel from continued confusion in the outdoor community.

“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 and its FIRST DESCENTS outdoor adventure therapy programs was lost,” says COO Kelly Malin.

“My goal has always been and will continue to be to protect the First Descents experience for our participants,” says First Descents Founder Brad Ludden. “The mission of First Descents is crucial to young adult cancer fighters and survivors. While litigation was not my preferred path, it's imperative that the experience we've provided for more than 1000 young adults with cancer over the last 11 years, and that we continue to provide, is in no way confused with Eddie Bauer's sponsored teams and retail clothing lines.”

First Descents Inc

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