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Eddie Bauer reacts to lawsuit of First Descents

17 Aug '11
2 min read

First Descents Inc, a Colorado-based young adult cancer not-for-profit organisation, 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.

The bone of contention is the new product lines launched by Eddie Bauer - 'First Ascent' and 'First Descent', and began marketing efforts at the same events where First Descents had an established presence.

First Descents filed its lawsuit against Eddie Bauer 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.

Giving a reason for filing the suit, Kelly Malin, COO – First Descents Inc said, “Our ability to distinguish our organization and its First Descents outdoor adventure therapy programs was lost”.

Reacting to the lawsuit, a statement from Eddie Bauer said, “"We were surprised and disappointed by the suit and press releases from First Descents Inc. We fully support First Descents as a non-profit organization and we want them to be successful in their mission.

“With regard to the First Ascent name, Eddie Bauer owns the trademark rights dating back to 1988, substantially pre-dating the existence of First Descents Inc.

“In regards to the First Descent name, we applied for registration from the US Patent and Trademark Office for the apparel category in 2008 and the registration was granted in 2011. Nevertheless, we are interested in resolving this in a manner that is satisfactory for both parties."

Eddie Bauer is an outdoor brand that offers signature outerwear; men's and women's clothing, gear and accessories; and world-class mountaineering gear. All built to one standard: to be the best.

Fibre2fashion News Desk – India

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