The Outdoor Recreation Economy

The Outdoor Recreation Economy
This morning, the Outdoor Industry Association released its latest Outdoor Recreation Economy Report in connection with its annual Capitol Summit in Washington D.C., and the numbers are HUGE:  The report estimates that the outdoor recreation economy generates $887 billion in annual consumer spending, $65.3 billion in f

Turns out: Alice is a Wonderland for Sports Fans and Digital Content Distributors….Go ALICE!!!!

Turns out: Alice is a Wonderland for Sports Fans and Digital Content Distributors….Go ALICE!!!!
In November of 2016, the Federal Circuit upheld a district court’s invalidation of Affinity Lab’s Patent No. 7,970,379 (“the ‘379 Patent), which was directed to a method and system for streaming regional broadcast signals to cellular telephones located outside the region served by the regional broadcaster.  Affinity had sued a variety of defendants, including DirecTV, […]

Trade Dress – Another Weapon in Your Intellectual Property Arsenal

YETI®, a well-known manufacturer of high-quality coolers and insulated tumblers, recently settled several lawsuits against cooler competitor RTIC involving allegations of trade dress infringement, patent infringement and other claims stemming from RTIC’s manufacture and sale of look-alike coolers and insulated drinkware products. Among other rights asserted in the lawsuit, YETI relied on trade

Liability Waivers for Minors

You know the drill – take your child to a birthday party at a trampoline complex, rock climbing gym or parkour center, and sign a release before your child can participate. When your child is injured, is that release enforceable? Are you (or your child) without recourse? As with most things, it depends. “Exculpatory contracts” […]

A Toe Shoe By Any Other Name

Vibram, a shoe company perhaps best known for its unique split-toe running shoe design, recently prevailed in a trademark and rights of publicity dispute against the heirs of late Ethiopian Olympic marathoner Abebe Bikila related to its use of the BIKILA name in connection with its toe shoe line without obtaining permission from the Bikila […]

California Enacts Legislation to Protect Park Names

California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at

Beers in the Backcountry.

Readers of National Geographic Magazine were treated this month to an interesting article titled Unplugging the Selfie Generation, about the challenges and rewards of getting young people into our National Parks – what does “back to nature” mean to a generation reportedly more interested in technology than in backcountry hikes.  Upslope Brewing Co., as the […]