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badgerSAM Magazine—Yosemite, Calif., March 1, 2016—The federal government has decided to change the names of several iconic businesses in Yosemite National Park—including Badger Pass Ski Area—rather than risk those businesses getting shut down during a legal battle over trademark rights. The concessionaire that until today had a contract to operate hotels, trail rides, bus service, and more in Yosemite National Park is asking for $51.2 million as “fair value” for trademarked names it has owned since it took over the contract in 1993. The government says the assets are worth $3.5 million.

Pending a settlement in the case, the ski area will be known, at least temporarily, as Yosemite Ski & Snowboard Area. The National Park Service hopes to revive the names of Badger Pass and other affected facilities if and when a settlement is reached. It should hope that happens soon; the area's website still reads “Badger Pass” today, with no mention of the name change.

The former concessionaire, a subsidiary of Delaware North, says the name changes aren't necessary, as it will accept whatever amount a court determines is fair value for its trademarks. The company says it just wants to be compensated for something it had to pay for 30 years ago. The Park Service rejected that proposal, as it is unwilling to suggest the Service accepts Delaware North's claim of owning the names.

According to reports, when Delaware North took over the contract in 1993, it paid $61.5 million for tangible and intangible assets, including the trademark for Badger Pass Ski Area. Delaware North claims the original contract never spelled out in detail what tangible and intangible assets it owned, or their value. There is no dispute that the real property in the park, including the ski area, belonged to the government, and that the undefined intangibles would have to be transferred to any new concessionaire at "fair value."

It's still possible, perhaps even likely, that the two sides will reach a settlement sooner or later.