Somewhere along the line – when I was in high school
and beyond my prime Looney Tunes watching years – someone gave the Rogers
family a bunch of kids records. One that was played repeatedly Chez Rogers was about
Yosemite Sam, the Looney Tunes character. Although the song was quite
irritating, I actually considered it a blessed break from my sister Trish’s
incessant playing of the Mary Poppins
album. (I swear, all I need is for someone to queue up the first couple of
notes of that one, and I can launch right in to a verbatim warble through the
entire album.)
The loony Yosemite Sam tune began thus:
A holdup man named Yosemite Sam, robbed the Looney
Tune’s train out of Boulder Dam
As it turned out, old Yosemite Sam wasn’t actually
lookin’ to rob anyone. As he sang:
I don’t want your money. I don’t want your jewels. [Prounounced
‘jools’.]…I wanna ring-ring the bell on the choo-choo locomotive.
Well, there’s a latter-day Yosemite Sam, one Jeremy
Jacobs, and, unlike Yosemite Sam, Jeremy Jacbos does want our money. That would be the tax payers’ money. Jeremy
Jacobs thinks he’s entitled to it as the trademark holder of some of the
buildings and sites at Yosemite National Park.
The name Jeremy Jacobs is probably better known in
these here parts than in other places.
He is, after all, the owner of the Boston Bruins and
TD Garden, which replaced the storied Boston GAH-din, and is where the Bruins
and the Celtics play. (And where Bruce Springsteen will play on February 4th,
Trish and I in attendance, her musical tastes having evolved from Mary Poppins and Looney Tunes. Trish was,
in fact, an “early adopter” of The Boss, and was the person who turned me into a
fan.)
Mostly when you hear Jacobs’ name hereabouts it’s as part
of criticism of Bruins’ ownership, which has produced one – count ‘em one –
measly Stanley Cup in the past 44 years. As much as anything, this is a hockey
town, and fans of the Bruins are as vocal, crazed, and passionate a bunch as
any sports fans anywhere. So there’s been plenty of pissing and moaning about
him and his ownership, starting when he let Number 4 (Bobby Orr) skate away
shortly after he bought the team. Reason enough around here to despise the guy,
let alone that he’s made a grab for some names that nobody but we the people
ought to own. (Another reason for the antipathy towards Jacobs is, I suspect,
the fact that he lives in Buffalo, and doesn’t have any presence or much
philanthropy here. “Our” other sports team owners – Pats, Celts, Red Sox - are
mostly from around here and are very
active and visible in the community. John Henry of the Red Sox might not hail
from these parts, but he married a local woman and lives in Brookline. Jacobs
hangs his hat in Buffalo.)
Jacobs’ company, Delaware North, is in the hospitality
business, and for years their sub, DNC Parks, has owned the concessions at
Yosemite National Park (as well as at other parks). Then they lost their Yosemite
deal. And that, apparently, pissed them off. So, Delaware North:
…went
to court seeking compensation for what it says is $51 million of intellectual
property, including trademarks on everything from ski and golf areas to the
Yosemite National Park name itself.
Government
attorneys have valued the intellectual property at about $3.5 million, and
called DNC Parks’ estimate “grossly exaggerated and improper.” (Source: Boston
Globe)
While all this plays out, the National Park Service is
changing the names of some of the Yosemite’s facilities “to avoid liability or
the potential for closures as a result of the ongoing court battle.”
Some of the trademarks were inherited by Delaware when
they took over the Yosemite contract in the 1990’s. Others they scooped up on
the QT, without the Park Service noticing.
If I read the article correctly – and I didn’t spend a
lot of time on textual exegesis – the ownership of the trademarks isn’t in
dispute. What’s irking Delaware is that, when they assumed the contracts back
in the day, they had to pay the prior concessionaire for them as part of their
deal.
According
to its lawsuit, DNC Parks was required to purchase the assets of its
predecessor, Curry Co., when it won the Yosemite contract, and it says the
National Park Service is similarly obligated to require Aramark to buy DNC’s
assets, including trademarks, at fair market value.
The
lawsuit said the park service awarded Aramark the new contract without the same
requirement.
So
Jacobs/Delaware is looking for redress from the government: pay up or Aramark
doesn’t get to use their trademarks.
Some
of those trademark names aren’t exactly household words. I suspect that anyone
who’s been through Yosemite remembers seeing the Ahwahnee Hotel. I remember it
from 40+ years back, and remember thinking that it was a cool place that I’d
like to stay some day when I could afford to spend the night in a national park
in something other than an L.L. Bean tent. But did I remember the hotel’s name?
No.
But
in late September – no doubt when they knew they’d lost the Yosemite contract,
or knew they were in danger of doing so – Delaware applied to trademark the
word “Yosemite.”
Talk
about naked greed! Talk about something that Delaware has no business owning. What
doesn’t Jeremy Jacobs get about this land is your land? It’s not as if they
came up with the name. It should be there for all the people – including Looney
Tunes. I don’t think the Yosemite trademark has been granted, but certainly
hope it never is.
If
Delaware needs the money that badly, they can sell the Bruins to someone who’s
more serious about winning the Stanley Cup.
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